Family sues after British Columbia man dies by euthanasia.

Alex Schadenberg
Executive Director
Euthanasia Prevention Coalition

The family of a British Columbia man with bipolar disorder and chronic back pain is suing the federal and British Columbia governments after he allegedly used a day pass from hospital to end his life by euthanasia.

Jason Proctor reported for CBC News on December 18 that:

In a lawsuit filed in B.C. Supreme Court, the man's family claims the 52-year-old — known as JMM — fell into a group of people whose concurrent physical and mental illnesses leave them "vulnerable" under Canada's medical assistance in dying (MAiD) framework.

"JMM received approval for medical assistance in dying, but he subsequently expressed that he did not wish to proceed with the procedure and instead, he wished to pursue other treatments, including rehabilitation," the claim reads.

"Regrettably, while receiving treatment at St. Paul's Hospital for his incapacitating illness, JMM left the hospital on a day pass, visited a clinic in the afternoon, and died through the improper administration of MAiD."

Proctor reported that "JMM's children, his former spouse and his father will be in court Friday seeking to keep their names anonymous and to seal any documents filed in the case beyond the notice of claim."

The case is challenging the blanket protections in law for medical practitioners who participate in euthanasia.

Even though Canada's euthanasia law provides an exception in the criminal code to homicide, one would think that breaking the law could result in homicide charges. The problem is that the law states that the medical practitioner only has to be "of the opinion" that the person they killed fit the criteria of the law. 

When Canada's parliament was debating the euthanasia (Bill C-14 in 2016) the Euthanasia Prevention Coalition lobbied members of parliament to remove the phrase "of the opinion" and change it to "must fulfill."

The family is claiming damages for wrongful death and they claim that the man was not eligible for MAiD. Proctor reports:

In addition to damages for wrongful death, JMM's family wants a judge to declare a breach of his right to life, security of the person and equal protection under the law guaranteed by Canada's Charter of Rights and Freedoms.

According to the notice of claim, JMM "had a long-standing history of mental illness and was formally diagnosed with mental illnesses including bipolar disorder in or around 2013."

"He also experienced chronic back pain," the claim reads.

"However his pain was neither grievous nor irremediable and therefore did not meet the statutory eligibility criteria for MAiD."

The lawsuit claims JMM was "wrongfully approved for MAiD" despite factors that should have disqualified him — including influence from external financial pressures and the lack of capacity to give informed consent.

JMM had a long history with mental health concerns. Proctor reports.

JMM's family claim they voiced their concerns but received no response from the parties they are now suing. In late 2022, they allegedly got a court order under the Mental Health Act, committing JMM to the psychiatric ward at St. Paul's.

According to the court documents, JMM's treating physicians were aware of the fact he'd been approved for MAiD but "opined that JMM should not receive MAiD due to his mental illness, which impaired his capacity to consent."

"Nonetheless, the defendants negligently or recklessly allowed JMM to leave St. Paul's hospital and undergo MAiD, thereby causing JMM's death," the lawsuit reads.

The family claims they "were not informed of JMM's departure from St. Paul's hospital until after JMM had undergone MAiD."

This is not the first British Columbia court case challenging Canada's euthanasia law. On October 29, Lisa Steacy reported for CTV news Vancouver that Justice Simon R. Coval signed an injunction on October 26 preventing Dr Ellen Wiebe from killing an Alberta woman on October 27. Wiebe is known to be Canada's most active euthanasia doctor. Steacy wrote:

The injunction, signed by Justice Simon R. Coval, is the first of its kind issued in the province and was issued on Saturday, the day before the woman was scheduled to die.

It prevents Dr. Ellen Wiebe or any other doctor from “causing the death” of the 53-year-old woman “by MAID or any other means.” It followed a notice of civil claim alleging Wiebe negligently approved the procedure for a patient who does not legally qualify.

The injunction prevented Wiebe from killing the woman. Steacy explained:

“If the defendants proceed with MAID, the death will constitute a battery of (the patient), wrongful death and, potentially a criminal offence,”

Canada's euthanasia law does not provide a mechanism for challenging a negligent approval but the judge establishes the role of the court by stating:

“It is within the inherent jurisdiction of this honourable court to enjoin allegedly criminal conduct, in this case the termination of a patient's life where it appears that legislative criteria has not been met, and/or the protection of a patient from injury,”

The woman who was approved for euthanasia by Dr. Wiebe remains anonymous. The woman was refused approval in Alberta but went to British Columbia because Wiebe approved her death. The Euthanasia Prevention Coalition supports the attempt by this family to gain some level of justice in the death of this man. The courts need to recognize uphold the wrongful death complaint and recognize how the law does not protect the Section 7 rights in Canada's constitution. 

Section 7 states that: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.