A challenge to the Charter of Rights and Freedoms that began Monday in the B.C. Supreme Court is raising questions about whether publicly funded, faith-based hospitals should be allowed to ban medical assistance in dying on religious grounds.
The case is being brought by Dying With Dignity Canada and the parents of Sam O’Neill, a 34-year-old woman with terminal cancer who was forced to leave Vancouver’s St. Paul’s Hospital in 2023 to receive an assisted death elsewhere.
“We miss our daughter every minute of every day,” her mother, Gaye O’Neill, said during an emotional news conference Monday outside court.
Sam O’Neill had been admitted with extreme pain caused by stage 4 cervical cancer, which spread to her bones and lungs. She was assessed and approved for medical assistance in dying (MAID) and had planned what her family described as a peaceful and dignified ceremony with friends and loved ones.
St. Paul’s is a Catholic-run, publicly funded hospital operated by Providence Health Care, which does not allow MAID. The B.C. government grants faith-based institutions an exemption under its MAID policy.
Sam O’Neill’s family said that exemption robbed her of control in her final hours.
“Providence Health Care knew their policies and actions to transfer Sam on April 4, 2023, would cause her harm and excruciating pain and humiliation, but they did it anyways,” Gayle O’Neill said.
In her final hours, Sam O’Neill had to be transferred to another facility. The family said she did not want to leave her room and was in extreme pain. Before she was sedated for the drive, Gaye O’Neill says there was only time for a rushed goodbye.
“I told Sam quickly that being her mom was the first, most joyful part of my life. I loved being her mom.”
Sam O’Neill was fully sedated for the transfer and never regained consciousness before MAID was administered, her family said.
The defendants include B.C.’s Health Ministry, Vancouver Coastal Health and Providence Health Care.
In its statement of defence, Providence Health Care says it does not prevent patients from receiving MAID but facilitates transfers. The organization also said in a statement to CTV News that it has a “long-standing moral tradition of compassionate care that neither prolongs dying nor hastens death, rooted in the belief that all life is sacred.”
On Monday, Gaye O’Neill spoke on why the family brought forth the challenge.
“We are here because we believe Sam’s rights to freedom of religion and beliefs, and her rights to life, liberty and security of person were violated,” Gaye O’Neill said. “We are here because we do not want anyone else to needlessly suffer from another unjustified forced transfer.”
With files from the Canadian Press
