Jim and Gaye O’Neill have returned to Vancouver for the first time since their terminally ill daughter Sam chose medical assistance dying nearly two years ago. “It’s really hard emotionally coming back to where Sam was and went through MAID. But the other side of that, I feel positive because we have an opportunity to be in court, to tell her story,” said Jim O’Neill. In the final hours of her life, the 34-year-old cancer patient had two be sedated for pain and transferred out of palliative care at St. Paul’s Hospital in downtown Vancouver to another facility because faith-based institutions won’t allow MAID to be performed on site. Sam’s mother Gaye is the lead plaintiff and was the first to testify Tuesday in what’s likely to be a precedent-setting constitutional challenge of B.C.’s religious exemption for MAID that’s being heard by the Chief Justice of the B.C. Supreme Court. “I wanted him to understand how much she suffered at the hands of Providence Health Care and the British Columbia government, because her beliefs didn’t align with that of theirs,” said Gaye O’Neill. She testified that the forced transfer for MAID made her feel like her daughter’s morality was being questioned. “To be made to feel bad for wanting to die by MAID, or be made to feel that you’re immoral or you’re sinful is wrong,” said Gaye. In cross examination, a lawyer representing the defendants suggested Sam never told hospital staff she felt that way, and didn’t want her mother involved in her care. “I thought it was disrespectful, but he had an angle,” said Gaye. Defence suggested Sam carefully directed what happened the day she opted for MAID. “Sam took control as the only thing she could do at the end of her life,” argued her dad. “But he made it sound like she really had a choice, and you didn’t have a choice. If you want access to MAID and the ambulance takes you to a Catholic hospital, to St. Paul’s, you don’t get it unless you agree to be removed from that place.” If the Chief Justice rules the province has to end its religious exemption for MAID, faith-based institutions like St. Paul’s will have to allow it to happen on site. That’s the outcome the O’Neills are hoping for. A decision is expected by late summer.
