Supreme Court upholds Canada’s right to reargue facts in assisted-dying case

Supreme Court upholds Canada’s right to reargue facts in assisted-dying case

Julia Lamb and the B.C. Civil Liberties Association are spearheading a challenge of the law

The Supreme Court of Canada has rejected a bid by a severely ill woman and a civil liberties group to speed up their lawsuit that argues the right to assisted dying is unfairly limited by federal government law.

Julia Lamb and the B.C. Civil Liberties Association are spearheading a challenge of the law that allows assisted dying only for individuals whose natural death is “reasonably foreseeable.”

The plaintiffs asked a lower court to prevent Canada from relitigating facts already decided in the Supreme Court’s landmark 2015 case that overturned a ban on assisted dying.

They argued that granting their request would mean a quicker trial on their lawsuit and potentially bring relief sooner to suffering Canadians.

The B.C. Supreme Court ruled the government should be given a second chance to argue the findings of fact. The B.C. Court of Appeal declined to overturn the decision.

The country’s top court on Thursday declined to hear an appeal.

“We will vigorously fight this case at trial, but the result of today’s decision is that the federal government will have the opportunity to have a second kick at the can and relitigate lots of factual questions that they already lost in the (2015) case,” Josh Paterson, executive director of the civil liberties group, said in a statement.

“We are disappointed that the court has decided not to hear our appeal, which might have stopped the government from having a virtual do-over on the evidence from the earlier assisted dying case.”

The trial is expected to take place next November.

READ MORE: Death is a medical choice, but not for everyone

READ MORE: Number of medically assisted deaths in B.C. rise in first half of 2017

The federal government has asserted that new arguments are required because the latest case involves different plaintiffs, a different legal regime and a different set of issues compared with 2015.

The 2015 Supreme Court ruling directed that medical assistance in dying should be available to consenting, competent adults with “grievous and irremediable” medical conditions that are causing enduring suffering that they find intolerable.

The civil liberties association, which also led the original court challenge, filed its latest lawsuit within days of the federal law being enacted in June 2016.

The group contends that the law violates the charter by excluding individuals who could live for years with medical conditions that cause intolerable suffering

Lamb, 26, has spinal muscular atrophy, a degenerative disease she worries will lead to years of unbearable suffering by robbing her of the use of her hands and forcing her to use a ventilator to breathe and a feeding tube to eat.

She was not available for comment on Thursday.

Shanaaz Gokool, CEO of Dying With Dignity Canada, said her organization was disappointed with the Supreme Court’s decision. She said the court’s 2015 ruling gave hope to people who are suffering.

“Unfortunately, for people who are currently outside of the legislation — which is far narrower, much more restrictive, and we believe unconstitutional — they don’t have that hope. They don’t have that comfort,” she said.

People are still going to Switzerland to seek assisted death or are considering options to kill themselves, Gokool said.

For some, simply knowing they qualify for assisted dying gives them the hope they need to live for one more summer or to make it to a child’s wedding, Gokool added.

“Some people don’t have the option. They could be giving up good, quality life, but they just don’t see any other way forward. It’s devastating for people in these situations.”

A second woman who was also included as a plaintiff along with Lamb has since died.

Robyn Moro, 68, suffered from Parkinson’s disease but was initially denied medical help in dying because her natural death was not considered reasonably foreseeable. She ended her life with the help of a doctor in 2017 following an Ontario Superior Court ruling that clarified how imminent a natural death had to be to qualify for assisted dying.

The Canadian Press

Like us on Facebook and follow us on Twitter.

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

Just Posted

The Port of Prince Rupert has experienced another year of increased cargo volumes, shipped through the city, with more than $50 billion in international trade facilitated through the area, the Port Authority announced on Jan. 18. (Photo: K-J Millar/The Northern View)
Port cargo volume growth continues despite pandemic obstacles

Prince Rupert Port authority announces $50 billion in international trade

The IIO B.C. is seeking witnesses to an arrest made in Penticton on Nov. 8, during which the male resisted and sustained a head injury. (File Photo)
The Independent InvestigationsOffice of B.C. released a report on Jan. 18 that a Prince Rupert RCMP officer is cleared of any serious harm wrongdoing from a May 29, 2020 incident. (File Photo)
Police watchdog investigation clears Prince Rupert police officer

IIO investigated May 29 incident where woman fell 25 metres in Prince Rupert

Face masks are required to be worn in all SD 52 common areas such as hallways. School District 52 announced on Jan. 15 three different schools in Prince Rupert all had a member of the school community test positive for COVID-19. (Photo: K-J Millar/The Northern View)
3 Prince Rupert schools have positive COVID-19 case(s)

Letters sent home to families in three Prince Rupert schools announcing COVID-19

Power outages affected thousands of BC Hydro customers in the north on Jan. 14 (File photo) (File photo)
Power outages affect thousands of BC Hydro customers in northern B.C.

Transmission failure led to outages in Prince Rupert and Port Edward

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

The IIO B.C. is seeking witnesses to an arrest made in Penticton on Nov. 8, during which the male resisted and sustained a head injury. (File Photo)
The Independent InvestigationsOffice of B.C. released a report on Jan. 18 that a Prince Rupert RCMP officer is cleared of any serious harm wrongdoing from a May 29, 2020 incident. (File Photo)
Police watchdog investigation clears Prince Rupert police officer

IIO investigated May 29 incident where woman fell 25 metres in Prince Rupert

A Trail man has a lucky tin for a keepsake after it saved him from a stabbing last week. File photo
Small tin in Kootenay man’s jacket pocket saved him from stabbing: RCMP

The man was uninjured thanks to a tin in his jacket

Tla-o-qui-aht First Nation Chantel Moore, 26, was fatally shot by a police officer during a wellness check in the early morning of June 4, 2020, in Edmundston, N.B. (Facebook)
Frustrated family denied access to B.C. Indigenous woman’s police shooting report

Independent investigation into B.C. woman’s fatal shooting in New Brunswick filed to Crown

Delta Police Constable Jason Martens and Dezi, a nine-year-old German Shepherd that recently retired after 10 years with Delta Police. (Photo submitted)
Dezi, a Delta police dog, retires on a high note after decade of service

Nine-year-old German Shepherd now fights over toys instead of chasing down bad guys

Nurses collect samples from a patient in a COVID suspect room in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver, Tuesday, April 21, 2020. (THE CANADIAN PRESS/Jonathan Hayward)
5 British Columbians under 20 years old battled COVID-19 in ICU in recent weeks

Overall hospitalizations have fallen but young people battling the virus in hospital has increased

Canada released proposed regulations Jan. 2 for the fisheries minister to maintain Canada’s major fish stocks at sustainable levels and recover those at risk. (File photo)
New laws would cement DFO accountability to depleted fish stocks

Three B.C. salmon stocks first in line for priority attention under proposed regulations

Most Read