Father asks court to stop 27-year-old daughter's MAID death, review doctors' sign-off

The father of a 27-year-old woman who has been approved for Medical Assistance in Dying (MAID) has asked a Calgary judge to dig into the circumstances that led to two of three doctors approving his daughter's application.

A publication ban protects the identities of the parties and the medical professionals. CBC News will identify the daughter as M.V. and the father as W.V.

At issue is whether the courts can step in when family members, with no legal standing, have concerns about the MAID approval process.

Currently, two doctors or nurse practitioners have to approve a patient for MAID. 

The medical practitioners must determine, through an assessment, that the person has a grievous and irremediable medical condition that causes intolerable and enduring physical or psychological suffering.

A previous requirement of MAID — a reasonable foreseeability of natural death — was repealed in 2021. For now, people suffering solely with mental illness are excluded from accessing MAID.

Court of King's Bench Justice Colin Feasby heard that M.V. — who lives with her father — was approved in December. Her date to receive MAID was set for Feb. 1. 

The day before she was scheduled to die, W.V. was successful in seeking a temporary injunction, preventing M.V. from accessing MAID. 

She has not submitted any medical documentation that could explain why she qualifies for MAID. 

In a brief filed with the court, W.V. argued "M.V. suffers from autism and possibly other undiagnosed maladies that do not satisfy the eligibility criteria for MAID."

But M.V.'s lawyer Austin Paladeau argued she's "not trying to withhold or hide anything."

"She's saying 'it's none of [W.V.'s] or the public's business, I've been approved by two doctors, I am entitled to this and, court, it's none of your business either.'"

Sarah Miller, the lawyer for the father, called the situation "a novel issue for Alberta."

"As it stands, AHS [Alberta Health Services] operates a MAID system with no legislation, no appeal process and no means of review," wrote Miller in her brief for the court.