Executive Director, Euthanasia Prevention Coalition
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| Noelia Castillo |
Trelinski reported that following the euthanasia death of Noelia Castillo, 25 that the Supreme Court decided with a 23 to 9 vote that parents can challenge a euthanasia approval of a family member. The report stated that:
In its ruling, the Supreme Court specifies that those who appeal the granting of euthanasia must be part of the applicant’s closest living circle.In September 2020 a Taryn Grant reported for CBC News Nova Scotia that a man who has received conflicting assessments for MAiD (euthanasia) and whose wife of 48 years says is delusional about his medical condition, can go ahead and die by euthanasia. The Euthanasia Prevention Coalition (EPC) enabled the plaintiff (wife) to challenge her husband's euthanasia approval. Grant reported:
They must possess, according to the ruling, ‘a sufficient capacity for knowledge and empathy with them to be able, if necessary, to detect possible flaws in the understanding and comprehension of the situation in which the applicant finds themselves’.
The court says they can challenge a decision when they demonstrate a special affective closeness with the person requesting euthanasia and provide a reasonable indication of proof over a possible breach of legal guarantees.
The Spanish Supreme Court has enabled some effective oversight of the law, as close family members will have the insight and relationship to question decisions by doctors when the approve the killing of a close family member.
The Spanish Supreme Court decision grants rights to Spanish family members that does not exist in Canada.
A Nova Scotia Court of Appeal judge has upheld a lower court decision that effectively allows a man to go ahead with a medically assisted death, in spite of his wife's efforts to stop him.
The 83-year-old man from Bridgewater, N.S., was assessed by physicians and approved for medical assistance in dying (MAID) earlier this year, but his wife, Katherine, 82, filed for an injunction with the Supreme Court of Nova Scotia, forcing him to cancel his plans.
In early 2024 there was a case in Calgary AB concerning a 27-year-old autistic woman who lived with her family and had been approved for death by euthanasia. Her father challenged the approval to kill his daughter and claimed that, based on the law, she does not qualify to be killed by euthanasia.
CBC News reported on March 12, 2024 on the Calgary court case that the father stated that his daughter did not have a medical condition that qualified, under the law, and yet his daughter had already been approved for death by lethal poison.
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. Justice Feasby withdrew the temporary injunction that prevented the woman from dying by euthanasia but maintained a 30 day stay of the injunction, which gave the father time to appeal the decision.
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 27-year-old autistic woman until after the appeal was heard. The date of the appeal is not known but will likely be heard in October.
The EPC sought and received intervention standing in the case, but the appeal was never heard.
The EPC has been contacted by many family members who are concerned about the euthanasia approval or death of a loved one. Currently there is no legal precedent in Canada t0 enable families members to challenge a euthanasia death approval.
CBC News reported on March 12, 2024 on the Calgary court case that the father stated that his daughter did not have a medical condition that qualified, under the law, and yet his daughter had already been approved for death by lethal poison.
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. Justice Feasby withdrew the temporary injunction that prevented the woman from dying by euthanasia but maintained a 30 day stay of the injunction, which gave the father time to appeal the decision.
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 27-year-old autistic woman until after the appeal was heard. The date of the appeal is not known but will likely be heard in October.
The EPC sought and received intervention standing in the case, but the appeal was never heard.
The EPC has been contacted by many family members who are concerned about the euthanasia approval or death of a loved one. Currently there is no legal precedent in Canada t0 enable families members to challenge a euthanasia death approval.
It is only just to enable close family members to challenge a approvals for euthanasia based on a clear understanding of that person's physical and mental health.
3 comments:
Did we ever imagine that they would come a time when we would have to show proof as to why we didn’t want our loved ones to be killed by the state?
Perhaps this is a wild stretch, Nova Scotia has an opt out policy for organ donation. Could this refusal to stay execution of loved ones have anything to do with the vast amount of money that organ donations bring in. Just asking the question?
Thanks a lot, Alex.
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