Case of Calgary woman seeking MAID will hear arguments from two advocacy groups

The Calgary Courts Centre is pictured in Calgary, Alta., Tuesday, Feb. 20, 2024. (THE CANADIAN PRESS/Jeff McIntosh)

Two Canadian advocacy groups have been granted intervener status in the case of a 27-year-old Calgary woman fighting for access to medical assistance in dying (MAID), despite her father’s objections.

A decision on a Court of Appeal of Alberta application was issued on Tuesday, granting Inclusion Canada and Euthanasia Prevention Coalition intervener status, court documents show.

Intervener status allows third parties to provide arguments in court matters.

Information that could identify the individuals involved in this case is subject to a publication ban. The young woman is identified only as MV, while her father is WV.

MV was approved to receive MAID by two doctors. However, her father argued she is vulnerable and “is not competent to make the decision to take her own life.”

He also submitted he believes that MV does not meet the criteria to be eligible for MAID.

Inclusion Canada works to advance the full inclusion of human rights of people with disabilities and their families, according to court documents.

“It has a substantial interest in this matter as persons with disabilities are not categorically excluded from eligibility for MAID,” the decision notes.

“Inclusion Canada's expertise in the rights of people with disabilities has been recognized by several courts including the Supreme Court of Canada.”

The Euthanasia Prevention Coalition represents several groups of Canadians, aiming to preserve and enforce social, legal and medical safeguards “prohibiting improper and unlawful assisted death.”

“It also has been granted intervener status because of its expertise on matters related to end-of-life healthcare,” the court documents show.

Her father, MV, opposed the application, along with Alberta Health Services (AHS).

AHS argued that the two organizations being granted intervener status would delay proceedings, widen the issues and prejudice the parties.

However, the decision notes that those issues can be addressed by imposing conditions on the interveners.

The application was approved with several conditions for the two organizations.

Injunction set aside

After a request from WV, a justice issued an interim injunction on Jan. 31 that prevented MV and Alberta Health Services (AHS) from going ahead with her MAID appointment.

The interim injunction was set aside in a March decision by a Calgary judge.

MV was diagnosed with autism and ADHD. The decision notes, however, that these diagnoses alone do not mean she lacks the capacity to choose MAID, according to the decision.

Her father also alleged she suffers from undiagnosed mental psychological conditions, but there was no evidence before the court that supported those claims.

The March decision’s background notes that MV did not provide evidence to contest the facts submitted by her father, identify her medical condition and symptoms or explain how they cause suffering, apart from the approval by two doctors.

What is MAID?

MAID allows eligible people to receive assistance from a medical practitioner in ending their life, according to Health Canada.

“Anyone requesting this service must meet specific eligibility criteria to receive medical assistance in dying,” Health Canada said on its website.

“Any medical practitioner who administers an assisted death to someone must satisfy certain safeguards first.”

One of the criteria to be eligible for MAID is having a “grievous and irremediable medical condition.”

This includes having a serious illness, disease or disability; being in an irreversible advanced state of decline and experiencing “unbearable physical or mental suffering” due to illness, disease, disability or state of decline that cannot be relieved under acceptable conditions.

The MAID law came into force on March 17, 2021, and “aimed to respect personal autonomy for those seeking access to MAID, while at the same time protecting vulnerable people and the equality rights of all Canadians,” according to Canada’s Department of Justice.