Pashta MaryMoon (Facebook)

B.C. Appeal Court prevents Victoria woman from using the term ‘death midwife’ in her job

Pashta MaryMoon claimed she had been providing “death-care services” for more than 40 years

A woman who calls herself a “death midwife” has been banned from using the title after a lengthy legal battle launched by the College of Midwives of British Columbia.

The B.C. Appeal Court has overturned a lower court ruling that had granted Pashta MaryMoon the right to use the term when she argued that preventing her from using it violated her charter rights.

MaryMoon claimed she had been providing “death-care services” for more than 40 years and her work has nothing to do with delivering babies.

MaryMoon’s lawyer claimed in the appeal that the ability to use the title for her vocation is connected to her self-worth, identity and dignity, which should be protected under the charter.

A three-member Appeal Court panel unanimously overturned the decision and has granted an injunction preventing her from using the title, saying the issue is mostly commercial and the argument that her rights were violated was tenuous.

Writing for the panel, Justice Peter Willcock said the lower-court judge was faulty in two respects: first, she overstated the infringement of expression and second, she misunderstood the legislative rule that prompted the infringement.

“For those reasons, in my view, the chambers judge read the prohibition too widely when she found it restrained(MaryMoon’s) ability to describe her work by using the word ‘midwife’ in any capacity,” Willcock said in the decision released Wednesday.

READ MORE: B.C. college of midwives seeks to ban term ‘death midwife’

READ MORE: Victoria woman wins court battle to keep job title of ‘death midwife’

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

BC Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Pineridge students learn about Orange Shirt Day

Students and teachers wore orange shirts designed by a SD 52 student to commemorate Sept. 30

Haida hereditary chief is BC Liberal Candidate for North Coast Region

Roy Jones Jr. is named BC Liberal MLA candidate for the North Coast

B.C. salmon farms challenge activists’ demands for site closures

News reporting also unfair, inaccurate and distorted

Swimming in the Street

Chris Street makes a coaching splash at PRASC

Heart of our city – New pastors want to journey along side

Dawn Butt and Geoff Butt are the new Prince Rupert Salvation Army Officers

B.C. counts 125 new COVID-19 cases, up to 1,284 active

No new deaths or health care facility outbreaks

Health Canada green-lights rapid COVID-19 test

Health Canada approved the BCube test from Hyris Ltd. in the United Kingdom Sept. 23

First Nations Health Authority chief medical officer concerned with rising COVID-19 cases

“There’s still so much we don’t know and we’re learning everyday about this particular virus.”

FINLAYSON: COVID-related job losses concentrated in urban areas… especially Metro Vancouver

The biggest job losses, in absolute terms, have been in Metro Vancouver

6 puppies rescued in mass seizure on Princeton farm die from illness: BC SPCA

Of the 97 distressed horses, cats and dogs seized, most of the puppies suffered from parvo

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Action demanded over death of First Nations youth in Abbotsford group home

Family and Indigenous organizations push for thorough investigation

U.S. boater fined $1,000 for violation of Quarantine Act

49-year-old man entered Canada to visit girlfriend in Surrey

More sex abuse charges laid against B.C. man who went by ‘Doctor Ray Gaglardi’

Investigators now focussing efforts on alleged victims within the Glad Tidings Church community

Most Read