Court agrees to fast-track euthanasia case for autistic Calgary woman.

Alex Schadenberg
Executive Director
Euthanasia Prevention Coalition

Justice Jolaine Antonio agreed that the case of the autistic Calgary woman, known as MV, who was approved for euthanasia but whose father challenged the euthanasia approval based on the fact that she is otherwise healthy, can be fast-tracked and heard by the end of June. The original court of appeal hearing, which MV had agreed to, was October 7.

MV will need to resume eating and drinking if she is to survive until the court date.

The lawyers for MV went to court on June 4 asking for a stay of the injunction that prevented MV from being killed by euthanasia since MV has refused any food or fluids since May 28.

CBC News reported that MV lawyers argued that death by 'VSED is incredibly unpleasant'

On Tuesday, M.V.'s lawyer Austin Paladeau filed an application with the province's top court asking for that stay to be lifted because of a "material change in circumstance."

On May 28, M.V commenced voluntary stoppage of eating and drinking (VSED).

"VSED is incredibly unpleasant and is increasing my suffering," reads part of M.V.'s affidavit filed with the application.

"I would greatly prefer to receive MAID to reduce the suffering I have to endure to protect my autonomy in acting out a decision I have already made."

M.V. says she cannot wait to die until Oct. 7 appeal.

Kevin Martin reported for the Calgary Herald that:

Sarah Miller, one of the lawyers for the father, told Antonio they would reluctantly argue their appeal in the last week of this month, but noted the only reason M.V. is suffering is her choice to starve herself.

“The only current change in her suffering is self-inflicted,” Miller said.

The lawyer said the woman, through counsel, agreed to the October hearing date even though the parties were told the court would be available as early as June 10.

Those who have advised her to stop eating and drinking are using MV for their own political and social purposes. MV is a victim of the death-lobby.

On May 30, the Euthanasia Prevention Coalition (EPC) announced that we were granted intervener standing in the court case concerning the Calgary father who is trying to prevent the euthanasia death of his 27-year-old autistic daughter, who is otherwise healthy. EPC submitted our application to intervene, with legal arguments, on May 17 and we were approved as an intervener on May 30.

This case is very important to me since I have an autistic son. I am convinced that MV, who is otherwise healthy, was only approved for euthanasia because she is autistic. This is clearly a form disability discrimination.

The daughter was originally scheduled to die by euthanasia (MAiD) on February 1, but her father obtained a temporary injunction, on January 30, 2024, preventing her death.

CBC News reported on March 12, 2024 on this court case that the father argued that his daughter did not have a medical condition that qualifies under the law for death by lethal poison (MAiD) and yet the daughter had already been approved to be killed.

CBC News reporter, Meghan Grant reported on March 25, 2024 that Justice Feasby ruled that the 27-year-old daughter can die by euthanasia despite her father's concerns. Feasby withdrew the temporary injunction that prevented the woman from dying by euthanasia but Feasby maintained a 30 day stay of the injunction, which gave the father time to appeal the decision.

Justice Feasby ordered an assessment of the role of Alberta Health Services with relation to the approval of euthanasia for the autistic daughter.

On April 2, 2024, Kevin Martin reported for the Calgary Herald that the father of the 27-year-old autistic woman appealed the decision to the Alberta Court of Appeal.

On April 8, Justice Anne Kirker ordered a stay on the injunction to prevent the death of the MV until after the appeal is decided. The date of the appeal is not known but will likely be heard in October.

The court granted EPC a 20 page written argument and a 20 minute oral argument. The EPC intervention focuses on several issues but it primarily deals with the process that led to the approval of the 27-year-old autistic woman, who is otherwise healthy.