Canadian family sues over man’s wrongful assisted suicide death

A Canadian family is suing a number of governmental and medical authorities after their 52-year-old family member, known as J.M.M. for privacy reasons, obtained access to MAiD in 2022 while on a day pass from the psychiatric hospital where he lived. 

The family’s claim states that J.M.M. was not eligible for MAiD under the current Canadian laws and that the MAiD operations violate the Canadian Charter of Rights and Freedoms: “Accordingly, the MAID Framework infringes sections 7 and 15 of the Charter by depriving the vulnerable group of their rights to life, security of the person, and equal protection under the law.”

Currently, in Canada, patients “whose sole medical condition is mental illness will remain ineligible under MAiD until at least March 2027,” according to the Vancouver Sun. However, if there is another physical condition that the person is suffering from, the door is open for them to obtain assisted suicide. The family said that “this failure exposes the vulnerable group, including J.M.M., to a heightened risk of premature death facilitated by the state and discriminates against them by denying equal protection under the law.”

J.M.M. was diagnosed with bipolar disorder in 2013 and was later deemed unfit to make decisions without guardians and was then committed to a psychiatric hospital by his family. The only other medical condition he was known to have was chronic back pain, but this “was neither grievous nor irremediable and therefore did not meet the statutory eligibility criteria for MAiD.” The claim also noted that there was financial stress that J.M.M. was under which compounded his desire for assisted suicide. Although he had been approved for MAiD earlier in the year before he was committed to the psych hospital, the claim writes that J.M.M. later stated, “he did not wish to proceed with the procedure and wished to pursue other means to relieve any suffering he had including rehabilitation.” 

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His doctors at St. Paul’s Hospital Psych Ward specifically stated, “J.M.M. should not receive MAiD due to his mental illness, which impaired his capacity to consent.” This also would have disqualified him from opting for MAiD. 

However, the defendants “negligently or recklessly” allowed him to leave the psychiatric ward on a day pass during which he visited Dr. Weibe’s MAiD facility and died that same day by assisted suicide. His family states they were not informed of J.M.M.’s decision until after he had already been killed. 

The defendants targeted by the claim include Dr. Weibe, Willow Reproductive Health Centre, Provincial Health Services Authority, Vancouver Coastal Health Authority, Providence Health Care Society, the Canadian Minister of Health, and the Attorney General of Canada. Dr. Weibe runs Willow Reproductive Health Centre where she conducts abortions when she is not administering euthanasia drugs to kill born people. Dr. Weibe has had the spotlight on her recently for another lawsuit that involved the emergency halt to the assisted suicide of a 53-year-old Alberta woman. She is now facing scrutiny for these cases, as well as for comments regarding MAiD as her “most rewarding work.” 

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