A landmark trial in British Columbia is hearing harrowing accounts of the physical and psychological distress suffered by terminally ill patients who were forced to transfer out of a Catholic-run hospital to access medical assistance in dying (MAID).
Charter Challenge Targets Religious Exemptions
The case, being heard by Chief Justice Ronald Skolrood in B.C. Supreme Court, is a constitutional challenge to the right of religiously affiliated healthcare facilities to refuse to provide assisted dying on their premises. The lawsuit was filed by the parents of Samantha (Sam) O'Neill, who died in 2023, along with the group Dying with Dignity and a former doctor from St. Paul's Hospital.
The plaintiffs seek to overturn the exemption that allows operators like Providence Health Care to opt out of MAID procedures. This exemption is based on the Canadian Charter of Rights and Freedoms, which protects freedom of conscience and religion.
"Traumatic and Upsetting" Transfers Described in Court
This week, the court heard emotional testimony detailing the impact of these forced transfers. Robert Chavarie testified about his grandmother, Sheila Baker, who was moved from St. Paul's Hospital to Vancouver General Hospital for an assisted death in December 2022.
"The process that we went through was very traumatic and upsetting," Chavarie stated. He described a particularly distressing scene where the transfer team struggled to move his grandmother, who was medically classified as morbidly obese, onto a gurney.
"There was some disagreement about whether Sheila would sit on the gurney because of her obesity," he recounted, adding that the team initially said they might not be able to proceed. "In her words, she was being told she was too fat to be transferred." Chavarie heard his grandmother cry out in pain as she was finally wheeled out on December 19, 2022.
Rushed Goodbyes and Inadequate Setups
The court also heard testimony concerning the death of Samantha O'Neill, who was transferred from St. Paul's on the morning of April 4, 2023, and died at a hospice at 8:30 p.m. that same day.
Her friend, Meaghan MacKay, testified that watching the transfer was upsetting, even though O'Neill was sedated. MacKay said the reality contradicted descriptions of MAID as "peaceful and beautiful."
She explained that final goodbyes were rushed because the transfer team was waiting, and the hospice appeared unprepared. O'Neill's mother and a friend had to clear a room of medical equipment before the gurney could be brought in.
Gaye O'Neill, Sam's mother, had previously testified about the profound impact of her daughter's forced transfer, stating her daughter's "morality was attacked" by the hospital's policy.
The trial continues, examining the complex intersection of religious freedom, patient rights, and end-of-life care in Canada's healthcare system.
