B.C. judge halts woman’s medically assisted death

A B.C. judge took the extraordinary measure of preventing a woman’s medically assisted death, issuing an 11th-hour court order to halt the procedure, according to documents filed over the weekend.

A B.C. judge took the extraordinary measure of preventing a woman’s medically assisted death, issuing an 11th-hour court order to halt the procedure, according to documents filed over the weekend.

The injunction, signed by Justice Simon R. Coval, is the first of its kind issued in the province and was issued on Saturday, the day before the woman was scheduled to die.

It prevents Dr. Ellen Wiebe or any other doctor from “causing the death” of the 53-year-old woman “by MAID or any other means.” It followed a notice of civil claim alleging Wiebe negligently approved the procedure for a patient who does not legally qualify.

“If the defendants proceed with MAID, the death will constitute a battery of (the patient), wrongful death and, potentially a criminal offence,” the notice of claim says.

“It is within the inherent jurisdiction of this honourable court to enjoin allegedly criminal conduct, in this case the termination of a patient's life where it appears that legislative criteria has not been met, and/or the protection of a patient from injury,” the claim argues. 

None of the allegations have been tested in court and Wiebe has not yet filed a response. Wiebe also declined to comment when contacted by CTV News Tuesday.

The woman, to whom the court has granted anonymity, is from another Western province and travelled to B.C. for MAID, according to the application for the injunction – which was filed by the woman’s common-law partner, who is also not being named.