Tuesday, March 12, 2024

27 year old autistic Alberta woman approved for euthanasia. Her father is challenging the decision in court.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Link to the CBC News video (Link to video).

CBC News reported on March 12, 2024 of an Alberta court case concerning a father who has petitioned the court to prevent the euthanasia death of his 27-year-old autistic daughter, who lives at home. The father is stating that his daughter does not have a medical condition that qualifies under the law, whereas the daughter has already been approved for death by lethal poison.

This case affects me greatly since I have an autistic son and I have significant life experience concerning my sons lived reality.

CBC News reported on the case that:
A publication ban protects the identities of the parties and the medical professionals. CBC News will identify the daughter as M.V. and the father as W.V.

At issue is whether the courts can step in when family members, with no legal standing, have concerns about the MAID approval process.
CBC news stated that there is no explanation for the MAID qualification.
Court of King's Bench Justice Colin Feasby heard that M.V. — who lives with her father — was approved in December. Her date to receive MAID was set for Feb. 1.

The day before she was scheduled to die, W.V. was successful in seeking a temporary injunction, preventing M.V. from accessing MAID.

She has not submitted any medical documentation that could explain why she qualifies for MAID.

In a brief filed with the court, W.V. argued "M.V. suffers from autism and possibly other undiagnosed maladies that do not satisfy the eligibility criteria for MAID."
The lawyer for the daugher, "M.V." is stated that it is none of her father's business.
But M.V.'s lawyer Austin Paladeau argued she's "not trying to withhold or hide anything."

"She's saying 'it's none of [W.V.'s] or the public's business, I've been approved by two doctors, I am entitled to this and, court, it's none of your business either.'"

Sarah Miller, the lawyer for the father, called the situation "a novel issue for Alberta."

"As it stands, AHS [Alberta Health Services] operates a MAID system with no legislation, no appeal process and no means of review," wrote Miller in her brief for the court.

Miller has asked Feasby for a judicial review of M.V.'s MAID approval.
CBC reported that the father stated that his daughter's claims are unreliable.
The father submitted a 2021 report with the court, authored by a doctor at a neurology clinic who concluded M.V. required no followup and was "normal" and sent her back to her family doctor.

Miller also pointed out that on her initial MAID application, M.V. indicated her death had become "reasonably foreseeable" yet she was approved as a "track 2" MAID patient, which means death is not reasonably foreseeable.

"Therefore M.V. is not a reliable witness," wrote Miller in her brief.
According to CBC the father argued that his daughter is also depressed.
W.V. believes M.V. is not eligible for MAID and that her "capacity to consent to MAID is impacted by mental illness." He also feels she's been "unduly influenced by a third party," according to one of the documents filed with the court.

If the MAID approval process is not followed as set out in the Criminal Code, medical practitioners could be charged criminally.
CBC reported that a lawyer for the father argued that MAiD (euthanasia) is unique because a person who is wrongfully approved is dead.
Emily Amirkhani, another lawyer for W.V., argued that MAID is "an incredibly unique system" where if a person seeking MAID is wrongfully approved, "that person is never going to cause anyone to look behind that curtain" because they got what they wanted.

"It's unlike any situation I can think of where the wrongful administration of the system cannot be brought to light but for someone besides the patient," said Amirkhani.
CBC reported that the lawyer for the daughter argued that he understands that the father doesn't want his daughter to die, but she has autonomy.
M.V.'s lawyer Austin Paladeau stressed the case boils down to an adult's right to medical autonomy.

"He's at risk of losing his daughter and while this is sad, it does not give him the right to keep her alive against her wishes," said Paladeau.

"One of the real challenging parts of this process … is what's actually happening," said Paladeau.

"I completely understand [W.V.] does not want his daughter to die … I represent [M.V.], I don't want her to die either but that doesn't play into account here.

"Even though we have or may have very strong views … at the end of the day this is [M.V.'s] decision."
The Judge stated that this is a vexing case. The only medical assessment that was given is from 2021 and it indicates that the daughter is not ill. The Judge reserved his decision on the injunction.


Eugene said...

I’m autistic and battle depression, mental health issues should not be reason for MAID. I’ve signed numerous protest letters against MAID.

Paula Valentine said...

“If the MAID approval process is not followed as set out in the Criminal Code, medical practitioners could be charged criminally.”
Surely, if she has been wrongly approved for MAID, as it appears she has, shouldn’t the administering doctors then be charged with murder?
This only further proves that the medical authorities do not adhere to their own guidelines. The slippery slope only gets steeper.

Liz S said...

She could be treated for depression like someone without ASD. This could improve. Have they even tried?

Concerned said...

Who put this "MAID" idea into her head and who is coaching her? These facts are relevant and those people involved need to held accountable for their advice and actions. Those who approve of these "MAID" actions also need to be identified and if the approval can be proven to be illegal (which maybe hard with no concrete guidelines) they need to be held responsible also. How one sided is a law which only punishes you for not killing or assisting in the killing of an individual and yet not also hold the person doing the assisted dying not accountable for influencing the victim into the MAID solution. Is this a prelude to getting rid of all autistic or mentally challenged or mentally "ill" individuals? MAID doesn't just effect the recipient but also those who love them.

Tan said...

CBC-the state owned propaganda psychological and social engineering warfare machine. Because this story lacks any reasonable logic I'm prone to believe it is fabricated. How would we know? Can't confirm or be sure this isn't fiction. What isn't fiction is our impoverishing, enslavement, land grabbing, European replacing, demoralizing, death cult, unelected communist/fascism billionaire representing government attempt to destroy every beautiful aspects of a well functioning society.

Nick Waughman said...

I am in shock. Thank God such a system does not exist here in the UK.

Alex Schadenberg said...

This story is not fabricated.

Alex Schadenberg said...

Thank you everyone for the comments. Thank you Eugene for sharing your personal experience.

Janice said...

I agree with Concerned's comment (above)that if there is a third party influencing her, they should be subpoenaed and W.V.'s lawyers be allowed to question them.
In addition, if I'm reading this right, she was not diagnosed as having autism.
What do these court cases involve if they're not questioning the doctor who initially examined her or the two doctors who approved her. What are they saying.
Completely out of control.
Is the Conservative Party going to do anything about this when they hopefully win the next election?

Robert said...

prior comment from CONCERNED .....may have exposed a major factor here re "influencer". ie, Some third party meddling in another's life. I cannot see how it is not a father's concern legally or morally. The father raised and loved his daughter. Not the same as an unrelated family person.

Jeffrey Thompson said...

I don’t know how it is in Canada, but in Texas a parent has no legal standing with respect to their adult child even if that adult child is intellectually handicapped, unless the parent has legal guardianship. Fortunately, we obtained legal guardianship for our 33 year-old son with autism when he turned 18. We have to renew the guardianship with the court every year. So far, we have not experienced a problem beyond the usual bureaucratic delays, but we are concerned, because, interestingly, even in the state of Texas, there has been a vigorous push opposing legal guardianship the past several years, purportedly in the interest of the autonomy of the mentally-handicapped person. Autonomy is a good thing, but autonomy now seems to be the ultimate, absolute arbiter. Almost the only good. Witness the words of M.V.’s attorney. M.V. wants it, therefore she gets it. And conveniently for the state, it saves a bundle of money over her lifetime. Very utilitarian. Very evil.

Elaine said...

Just a story to show there may be help for MV too. There might be more autistic people than left handed people - most function quite normally - maybe a quirk or two. Usually highly intelligent. https://homeopathyplus.com/reversing-autism-connors-story/ It is not a death sentence.

Cor Rand said...

Her depression falls into the mental health category and this has not been approved for MAID . Her Father has every right to intervene.
I heard about a 13 year old girl who was admitted to a hospital in Edmonton, signed papers for MAID and died 2 days later without her Mother`s knowledge. She was admitted and diagnosed with cancer. Is this story true?

Freela said...

My daughter is 36 years old and fortunately i received legal guardianship when she was still in her teens. She has several mental challenges, OCD, low cognitive ability, probably autism (undiagnosed) and depression.
She is extremely easy to influence (by "friends" and people she likes) but can be very stubborn with family, so this woman's case resonates with me.
Whenever social workers and medical staff ask her if she has suicidal thoughts she adamantly says no. But they do keep asking.

Anonymous said...

Also, there are no pathways internally, in the medical system , for fellow colleagues to report these violations. I/we tried for 4 years, l was hung, drawn and quartered = canceled. Still trying to bring this to light.

Colleen Martin said...

This story saddens me beyond measure .. we were told when MAiD was first introdcued it was in cases where death was imminent and an individual wanted to avoid undue suffering. It implied pain and consequence of illness. Now being unhappy with life seems to be reason enough. Often those unhappy with life are those isolated from society and usually with minimal disposable income. Where is the collective moral responsibility to care for all of creation. Sometimes I think the environment and animals receive more care and attention than human beings who struggle. Again, I am overwhelmed by the sadness of it all .. I will continue to pray that society comes to its senses soon retaining a balance between individual and collective rights..