A monitor shows a patient’s vital signs during open-heart surgery at the University of Maryland Medical Center in Baltimore on Nov. 28, 2016. THE CANADIAN PRESS
The British Columbia Supreme Court will begin hearing a major Charter challenge on Monday that asks whether publicly funded, faith-based hospitals can refuse to provide medical assistance in dying, known as MAID, within their facilities.
The case comes from Dying With Dignity Canada and the parents of a young woman who had to leave a Vancouver hospital to receive assisted dying, despite already receiving approval for the procedure.
A Final Journey No One Wanted
Sam O’Neill was 34 years old when doctors admitted her to St. Paul’s Hospital in March 2023. She lived with stage four cervical cancer that had spread to her bones and lungs. Doctors approved her request for MAID, but the hospital, which operates under Catholic values, does not allow the procedure.
As a result, staff transferred O’Neill to another facility. Court filings say she endured extreme pain during her final hours and did not want to leave her room. Doctors fully sedated her for the move, and she never regained consciousness.
The claim says the transfer “caused and exacerbated Ms. O’Neill’s egregious physical and psychological suffering and denied her a dignified death, including the ability to say goodbye to her family and loved ones.”
Who Brought the Challenge
Helen Long, head of Dying With Dignity Canada, said the case centres on access to health care in publicly funded spaces. She argues that institutions do not hold personal beliefs.
“I think the expectation is if my tax dollars are funding this hospital, I should be able to access the health care I need,” she said.
Charter Rights at the Centre
Legal scholar Daphne Gilbert from the University of Ottawa helped bring the case forward. She says governments must remain neutral on religion when delivering public services.
“Our argument is that the government has an obligation to be neutral in matters of religion. The secularism principle is a constitutional principle,” she said.
Gilbert also said allowing religious authorities to control care in publicly funded hospitals runs against that principle.
Defendants Push Back
The case names the provincial health ministry, Vancouver Coastal Health, and Providence Health Care, which runs St. Paul’s Hospital and other facilities. Provincial policy currently allows faith-based operators to opt out of providing MAID.
Providence Health said it does not block access but instead helps arrange transfers. It said some patients choose care at facilities that do not offer assisted dying and described its approach as rooted in respect for life and dignity.
Data Shows Transfers Continue
Court records show thousands of people have received MAID within Vancouver Coastal Health since 2016. Since 2023, more than 100 patients have been transferred from faith-based facilities, some to nearby spaces. National data also shows hundreds of Canadians faced similar transfers.
The claim argues that some patients cannot move because of their condition or because no alternative space exists in time.
Wider Impact Expected
Several groups will take part in the case, including civil liberties, faith-based, and medical organizations. The court has set aside four weeks for evidence, with further arguments planned later.
Gilbert expects the case to reach the country’s top court. She says a ruling could affect more than 100 faith-based health institutions nationwide and influence access to other services such as abortion and contraception.
