Court approves doctor assisted death – Update

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UPDATE: The first person in Ontario given legal permission for an assisted death has died.

His family says the 81-year-old man passed away “in peace and dignity” Friday morning.

The death comes less than 24 hours after the courts approved doctors helping him die.

It’s the first such case in Ontario and the third in Canada outside Quebec.

The family has issued a statement:

Read the family’s complete statement below

“Today, A.B., our dear husband, father and grandfather passed away in peace and dignity with the assistance of his caring physicians. It was his life and his choice and we support him in that choice unconditionally.

We are so thankful for the ongoing care, guidance and medical assistance from his enlightened and compassionate physicians, who like A.B., believed strongly that an individual deserves to be the author of their own journey’s end when the pain is intolerable and there is no further hope for recovery.

We are grateful to our lawyers Andrew Faith and Emma Carver of Polley Faith LLP who helped us understand every nuance of this case and unwaveringly helped our treasured A.B. to stand up for his rights and articulate his reasoning to the courts.

Finally, we would also like to thank Superior Court Justice Paul Perell for listening so carefully to our story, applying the law and understanding the critical need for a speedy decision based on A.B.’s considerable and growing pain and suffering.

Seeing our beloved A.B. calm, peaceful and without stigma and shame at his life’s end gives us the strength to weather our grief at his departure. In death, he has been restored to the strong, vibrant, and dignified man we knew before cancer and extraordinary pain brought him to his knees. Knowing that his wishes were carried out takes away the sting of his death. The courage he showed us at the end will dwell in our hearts forever and eventually allow the sun and the stars to shine bright enough on our family to mend the hole that is left because of his death.

We are so very proud that he used his last limited energy to fight for something he believed in so fundamentally: the right to decide when he was ready to pass and the right to have the assistance to do so with comfort and dignity. It was his most fervent hope that our government will take the steps necessary to ensure that all Canadians can gain this right — without having to battle in the courts – should they choose to exercise it according to their own circumstances and beliefs.

Our Grandpa, Dad, Husband was a proud citizen of this country and believed Canada to be the best place in the world. In his memory, we will do everything we can to continue to make this a reality which includes making certain that the legislation to allow physician assisted death is enshrined – quickly and permanently.”

This has been an historic day for people suffering from terminal illnesses in Ontario as a man was given legal permission to choose how he dies.

This patient known only as A.B. is an 81-year old man suffering from lymphoma. He is expected to end his life, on his terms this weekend and there are many more people filing similar cases hoping for the same outcome. Mr. A.B . who’s identity was protected by a publication ban, is said to be enduring intolerable suffering and that death was his last chance to end the pain. A.B. says his only regret was spending the last three weeks in a court battle.

“This is an onerous process, you have to have a lawyer, if your lawyer isn’t working pro bono it could cost you anywhere between $10 000 – $30 000. You’ll have to have your doctors lined up.” Shanaaz Gokool- Dying with Dignity Canada.

That is, until June 6th, when the Federal government should announce that assisted death will become legal. Canadians looking for physician assisted death won’t have to go through the same legal process we saw unfold today. However, there are healthcare facilities like St. Joe’s that are looking to opt out of offering that service.

St. Joe’s CEO Kevin Smith says that while the service contradicts the hospital’s Catholic methods, they’ll point patients seeking assisted death towards facilities that specialize in it.