Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition
An article by Mike Hager that was published in the Globe and Mail on January 16 states that Dr Wiebe has been ordered by the clinic, that she founded, to not kill the woman from Alberta that is believed to not qualify for MAiD in Canada. She has also been told that employees of the clinic will no longer act as witnesses for Dr Wiebe's euthanasia approvals. Hager reports:
The board chair of the non-profit society that runs the Willow Reproductive Health Centre also committed in an affidavit to ensuring that Dr. Ellen Wiebe would not use clinic facilities to end the life of an Alberta woman who had sought Dr. Wiebe’s help. The woman was denied the procedure hours before it was supposed to occur in October after her common-law husband secured a court injunction.
“The society will no longer permit its employees to act as a witness in respect for MAID being considered by Dr. Wiebe,” says the affidavit filed by Lisa Redekop earlier this week.
In granting the injunction last fall, B.C. Supreme Court Justice Simon Coval said the case raised serious questions about whether people are being properly assessed as eligible for MAID and whether the process is properly followed. Dr. Wiebe has established an international reputation for her advocacy and work with patients who want a medically assisted death.
The injunction was one of at least three lawsuits last year involving how MAID applications are approved and what rights family members have to intervene. Last month, Canada’s oldest civil-liberties organization, which led the push for MAID to be legalized a decade ago, called on Ottawa and the provinces to review and enforce appropriate safeguards.
The injunction application alleged that the Alberta woman, who reportedly has bipolar disorder and a condition known as akathisia – an intense uneasiness coupled with an inability to sit still that is linked to certain types of medication – could not get her own doctors to support her assisted death, so she searched online and found Dr. Wiebe.
The application alleged that Dr. Wiebe breached her statutory duty by approving MAID for a condition that does not qualify, while failing to review the patient’s medical history or conduct a full health assessment. The woman’s husband alleged that his wife couldn’t find a volunteer to witness her application, so a volunteer at the Willow clinic did so. The application also alleged that when the Alberta woman couldn’t find another doctor to provide the required approval, Dr. Wiebe found her one, connecting the two together for a second video-call assessment.
More information about the case:
On October 29, Lisa Steacy reported for CTV news Vancouver
that Justice Simon R. Coval signed an injunction on Saturday October 26
which prevented Dr Ellen Wiebe from killing an Alberta woman on Sunday
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.
The
claim states that the woman is being actively treated by a physician
and yet was approved for euthanasia by Dr Wiebe. Steacy continues:
“This case raises serious questions about whether (the woman) in fact qualifies for MAID Track 2. Particularly concerning is that akathisia appears to be a cluster of symptoms connected to the changes in usage of drugs used to treat a psychiatric condition. It is treatable but (the woman) has not followed treatment recommendations.”The case alleges that Dr Wiebe did not fulfill the requirements of the law. Steacy explains:
In addition to arguing that the woman was seeking MAID based on a condition that disqualifies her from receiving it, the lawsuit raises a number of concerns about the process by which MAID was approved in this case.
According to the court documents, the woman’s partner allegedly questioned whether akathisia is “irremediable” and questioned Wiebe’s willingness to sign off on the procedure during a Zoom call.The lawsuit alleges that Wiebe did not directly speak to any of the woman’s doctors, did not request her medical records, and only reviewed partial records provided by the patient via email.
“(The partner) asked Dr. Wiebe if she had ever carried out MAID on someone with akathisia. Dr. Wiebe said that she had not. During the same Zoom session, (the partner) also attempted to describe (the woman) as a person with unresolved mental health problems which were probably not considered during the MAID assessment,” the notice of application says.
“Dr. Wiebe responded by stating that diagnosis does not matter, and that only quality of life mattered, and that this was (the woman’s) right.”
Further to that the case alleges that Wiebe did not consult or have a second independent physician sign off on the euthanasia application. The case alleges that Wiebe arranged for a second doctor to speak to the woman and approve her death by Zoom. The case also claims that there was not an independent witness who signed the euthanasia. Steacy explains:
“The litigation seeks to address potentially serious failings in the application of the MAID regime,” the court documents say, summarizing the arguments.This case will potentially set precedent related to the approval system for euthanasia in Canada, how a determination is made when the applicant is not terminally ill and establish some possible oversight of the law, which is currently lacking.
Sign and share petition demanding a review of Dr Ellen Wiebe's euthanasia practice (Article Link) (Petition Link).
More articles related to this story:
- Vancouver man dies by euthanasia while on a psychiatric day pass (Link).
- Has Dr Wiebe killed people who did not qualify for euthanasia? (Link)
- BC Judge halts euthanasia death scheduled by Dr Wiebe (Link).
- Canadian doctor considers euthanasia the best work that she has done (Link).
- Does Canada's euthanasia law enable healthcare serial killing? (Link).
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