Supreme Court upholds Canada’s right to reargue facts in assisted-dying case

Supreme Court upholds Canada’s right to reargue facts in assisted-dying case

Julia Lamb and the B.C. Civil Liberties Association are spearheading a challenge of the law

The Supreme Court of Canada has rejected a bid by a severely ill woman and a civil liberties group to speed up their lawsuit that argues the right to assisted dying is unfairly limited by federal government law.

Julia Lamb and the B.C. Civil Liberties Association are spearheading a challenge of the law that allows assisted dying only for individuals whose natural death is “reasonably foreseeable.”

The plaintiffs asked a lower court to prevent Canada from relitigating facts already decided in the Supreme Court’s landmark 2015 case that overturned a ban on assisted dying.

They argued that granting their request would mean a quicker trial on their lawsuit and potentially bring relief sooner to suffering Canadians.

The B.C. Supreme Court ruled the government should be given a second chance to argue the findings of fact. The B.C. Court of Appeal declined to overturn the decision.

The country’s top court on Thursday declined to hear an appeal.

“We will vigorously fight this case at trial, but the result of today’s decision is that the federal government will have the opportunity to have a second kick at the can and relitigate lots of factual questions that they already lost in the (2015) case,” Josh Paterson, executive director of the civil liberties group, said in a statement.

“We are disappointed that the court has decided not to hear our appeal, which might have stopped the government from having a virtual do-over on the evidence from the earlier assisted dying case.”

The trial is expected to take place next November.

READ MORE: Death is a medical choice, but not for everyone

READ MORE: Number of medically assisted deaths in B.C. rise in first half of 2017

The federal government has asserted that new arguments are required because the latest case involves different plaintiffs, a different legal regime and a different set of issues compared with 2015.

The 2015 Supreme Court ruling directed that medical assistance in dying should be available to consenting, competent adults with “grievous and irremediable” medical conditions that are causing enduring suffering that they find intolerable.

The civil liberties association, which also led the original court challenge, filed its latest lawsuit within days of the federal law being enacted in June 2016.

The group contends that the law violates the charter by excluding individuals who could live for years with medical conditions that cause intolerable suffering

Lamb, 26, has spinal muscular atrophy, a degenerative disease she worries will lead to years of unbearable suffering by robbing her of the use of her hands and forcing her to use a ventilator to breathe and a feeding tube to eat.

She was not available for comment on Thursday.

Shanaaz Gokool, CEO of Dying With Dignity Canada, said her organization was disappointed with the Supreme Court’s decision. She said the court’s 2015 ruling gave hope to people who are suffering.

“Unfortunately, for people who are currently outside of the legislation — which is far narrower, much more restrictive, and we believe unconstitutional — they don’t have that hope. They don’t have that comfort,” she said.

People are still going to Switzerland to seek assisted death or are considering options to kill themselves, Gokool said.

For some, simply knowing they qualify for assisted dying gives them the hope they need to live for one more summer or to make it to a child’s wedding, Gokool added.

“Some people don’t have the option. They could be giving up good, quality life, but they just don’t see any other way forward. It’s devastating for people in these situations.”

A second woman who was also included as a plaintiff along with Lamb has since died.

Robyn Moro, 68, suffered from Parkinson’s disease but was initially denied medical help in dying because her natural death was not considered reasonably foreseeable. She ended her life with the help of a doctor in 2017 following an Ontario Superior Court ruling that clarified how imminent a natural death had to be to qualify for assisted dying.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

(Black Press file photo)
Charges laid against two suspects in pre-Christmas home invasion

An 88-year-old woman was hospitalized after being bear-sprayed in the face Dec. 18, 2020

Chris Paulson of Burns Lake took a quick selfie with a lynx over the weekend of Feb. 20-22, 2021, after the wild cat was found eating some of his chickens. (Chris Paulson/Facebook)
VIDEO: Burns Lake man grabs lynx by scruff after chickens attacked

‘Let’s see the damage you did, buddy,’ Chris Paulson says to the wild cat

Junction of Highways 16 and 37 Sunday morning. (Drive BC traffic cam image)
Drive BC reports hazardous road conditions throughout northwest

Advisories include road closure of Hwy 37 for high avalanche risk near Bob Quinn

Northern Health has declared a COVID-19 outbreak at Brucejack mine, 65 km north of Stewart on Feb. 11, 2021. (Pretivm Photo)
Northern Health has declared a COVID-19 outbreak at Brucejack Mine, 65 kilometres north of Stewart on Feb. 11, 2021. (Pretivm Photo)
Northern Health reports 20 more COVID-19 cases in outbreak at Brucejack Mine

So far, 42 people have tested positive, nine cases are active and self-isolating onsite

Dr. Bonnie Henry leaves the podium after a news conference at the legislature in Victoria on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. reports 559 new cases of COVID-19, one death

4,677 cases of the virus remain active in the province; 238 people are in hospital

Vancouver Canucks left wing Antoine Roussel (26) tries to get a shot past Edmonton Oilers goaltender Mike Smith (41) during second period NHL action in Vancouver, Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Jonathan Hayward
Canucks cough up 3-0 lead, fall 4-3 to visiting Edmonton Oilers

Vancouver falls to 8-13-2 on the NHL season

Jessica McCallum-Miller receives her signed oath of office from city chief administrative officer Heather Avison on Nov. 5, 2018 after being elected to Terrace City Council. McCallum-Miller resigned on Feb. 22, 2021, saying she felt unsupported and unheard by council. (Black Press Media File Photo)
Terrace’s 1st Indigenous councillor resigns citing ‘systemic and internalized racism,’ sexism

McCallum-Miller said in a Facebook post she felt unheard and unsupported by council

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Temporary changes to allow for wholesale pricing for the hospitality industry were implemented June 2020 and set to expire March 31.	(Pixabay photo)
Pubs, restaurants to pay wholesale prices on liquor permanently in COVID-recovery

Pre-pandemic, restaurateurs and tourism operators paid full retail price on most liquor purchases

Wade Dyck with Luna, a dog who went missing near the Chasm for 17 days following a rollover on Feb. 5. (Photo submitted).
Dog missing for 17 days through cold snap reunited with owner in northern B.C.

Family ecstatic to have the Pyrenees-Shepherd cross back home.

Quesnel RCMP confirmed they are investigating a residential break-in at a home on the Barkerville Highway. (File image)
Thieves make off with $300K in Cariboo miner’s retirement gold

Tim Klemen is offering a reward for the return of his gold

Ghislaine Maxwell was arrested in New Hampshire. Image: The Canadian Press
Epstein associate Ghislaine Maxwell makes third attempt at bail on sex charges

Maxwell claims she will renounce her U.K. and French citizenships if freed

Most Read