The father of a 27-year old woman approved to receive medical assistance in dying (MAiD) has filed an appeal in an appeal to stop authorities from ending her life.The father, who can only be identified as ‘W’ under a publication ban, filed the appeal after a Calgary judge overturned an injunction granted the day before his autistic daughter — who can only be identified as ‘M’ — was scheduled to die on February 1.At the same time, M applied to have the injunction overturned..Justice Colin Feasby decided that it was impractical and unreasonable for the courts to breach doctor-patient confidentiality and that M’s right to “dignity and autonomy” outweighed the “serious issues” raised by the appeal..The man believes his daughter, who lives in the family home, is generally healthy apart from autism and ADHD and that any physical symptoms she may have to justify MAiD stems from undiagnosed psychological conditions.Nobody knows for sure, because M hasn’t filed any medical documentation with the court that would serve as justification, other than her request was approved by two of three medical doctors. The third doctor was opposed.The father argued that M doesn’t have the mental capacity to make a decision to end her life and that government authorities including Alberta Health Services failed to meet a duty of care in approving the request.But Justice Feasby decided that it was impractical and unreasonable for the courts to breach doctor-patient confidentiality and that M’s right to “dignity and autonomy” outweighed the “serious issues” raised by the appeal..In an unusual move, he stayed his own decision for 30 days to allow the father to take the case to the Alberta Court of Appeal. In the father's application, he asked the court to set aside Feasby’s rulings and reinstate the injunction until an application for judicial review can be heard — presumably to ensure M is still alive before a decision can be made.The issue of MAiD is contentious, even for the Liberal government that introduced it. That’s partly because there is no review or appeal process even as the government is moving to expand eligibility.It also seems to be having second thoughts. In February, Health Minister Mark Holland introduced legislation that would delay extending eligibility to those whose sole medical condition is mental illness for a period of three years.In a news release it said the delay would provide practitioners with more time to participate in training and become familiar with available supports, guidelines and standards.“We will continue to work with the provinces and territories, medical professionals, people with lived experiences, and other stakeholders to support the safe implementation of MAID, with appropriate safeguards in place, to affirm and protect the inherent and equal value of every person's life,” it said.
The father of a 27-year old woman approved to receive medical assistance in dying (MAiD) has filed an appeal in an appeal to stop authorities from ending her life.The father, who can only be identified as ‘W’ under a publication ban, filed the appeal after a Calgary judge overturned an injunction granted the day before his autistic daughter — who can only be identified as ‘M’ — was scheduled to die on February 1.At the same time, M applied to have the injunction overturned..Justice Colin Feasby decided that it was impractical and unreasonable for the courts to breach doctor-patient confidentiality and that M’s right to “dignity and autonomy” outweighed the “serious issues” raised by the appeal..The man believes his daughter, who lives in the family home, is generally healthy apart from autism and ADHD and that any physical symptoms she may have to justify MAiD stems from undiagnosed psychological conditions.Nobody knows for sure, because M hasn’t filed any medical documentation with the court that would serve as justification, other than her request was approved by two of three medical doctors. The third doctor was opposed.The father argued that M doesn’t have the mental capacity to make a decision to end her life and that government authorities including Alberta Health Services failed to meet a duty of care in approving the request.But Justice Feasby decided that it was impractical and unreasonable for the courts to breach doctor-patient confidentiality and that M’s right to “dignity and autonomy” outweighed the “serious issues” raised by the appeal..In an unusual move, he stayed his own decision for 30 days to allow the father to take the case to the Alberta Court of Appeal. In the father's application, he asked the court to set aside Feasby’s rulings and reinstate the injunction until an application for judicial review can be heard — presumably to ensure M is still alive before a decision can be made.The issue of MAiD is contentious, even for the Liberal government that introduced it. That’s partly because there is no review or appeal process even as the government is moving to expand eligibility.It also seems to be having second thoughts. In February, Health Minister Mark Holland introduced legislation that would delay extending eligibility to those whose sole medical condition is mental illness for a period of three years.In a news release it said the delay would provide practitioners with more time to participate in training and become familiar with available supports, guidelines and standards.“We will continue to work with the provinces and territories, medical professionals, people with lived experiences, and other stakeholders to support the safe implementation of MAID, with appropriate safeguards in place, to affirm and protect the inherent and equal value of every person's life,” it said.
