BC Man Received Euthanasia While on Day Pass From Psychiatric Ward, Family Alleges

Canada's MAID legislation currently doesn't allow euthanasia for people whose sole medical condition is mental illness, though lawmakers are looking into expanding the legislation to include that by 2027. Khunnine/Shutterstock

A British Columbia family is suing federal and provincial authorities for wrongful death, saying that a mentally ill man received medical assistance in dying (MAID) while on a day pass from a Vancouver psychiatric ward two years ago, despite not being eligible or having the capacity to consent to the procedure.

The family alleges his death was the result of “wrongful actions” by the physicians and institutions involved, as well as “unconstitutional” MAID regulations that lack proper safeguards.

The notice of civil claim was filed in B.C. Supreme Court on Dec. 13. The family, a group of five plaintiffs whose names are not disclosed, says that a 52-year-old man who suffered from long-term mental illness and remediable chronic back pain, received approval for assisted dying even though his pain was neither severe nor incurable to make him eligible.

The lawsuit’s defendants include the Attorney General of Canada, B.C.’s Ministry of Health, the Provincial Health Services Authority, Vancouver Coastal Health Authority, Providence Health Care, which operates St. Paul’s Hospital in Vancouver, and some of the physicians at the health institutes.

Ellen Wiebe, a Vancouver physician and MAID provider, also appears as one of the defendants.

The family is accusing Wiebe, who is a member of an advisory council at Dying with Dignity Canada, of malpractice. None of the claims have been proven in court.

The patient referred to in the Dec. 13 lawsuit, identified in the document as J.M.M., was a businessman and a father of three. He had been formally diagnosed with mental illness, including bipolar disorder.

In late 2022, his family received a court order under the Mental Health Act to commit him to the psychiatric ward of St. Paul’s Hospital in downtown Vancouver, where he began to receive treatment for his mental illness, the lawsuit says.

Despite having received approval for assisted dying, J.M.M. decided to forgo that option in favour of rehabilitation. After learning of the alleged approval, the family raised doubts about its legitimacy with the defendants, but say they received no response.

The document does not say when the patient was approved for MAID.

The lawsuit adds, “The plaintiffs were not informed of J.M.M.’s departure from St. Paul’s Hospital until after J.M.M. had undergone MAiD.”

Canada’s MAID legislation currently doesn’t allow euthanasia for people whose sole medical condition is mental illness, though lawmakers are looking into expanding the legislation to include that by 2027. The lawsuit says that although it’s true that people suffering solely from mental illness can’t get euthanasia, there are no suitable safeguards for those with “concurrent mental and physical illnesses” to avoid premature death. The family argues that the man’s Charter rights were breached, and that the MAID legislation framework in unconstitutional.

Both Providence Health Care and Vancouver Coastal Health said they could not comment, citing patient confidentiality and ongoing court proceedings. The office of the Attorney General of Canada didn’t respond.

The Epoch Times also reached out to Wiebe but did not hear back by publication time. The Canadian Press reported that Wiebe has declined comment.

Wiebe testified at a parliamentary committee in May 2022 that by that time, she had provided MAID to about 430 patients.

Earlier this fall, a B.C. Supreme Court judge stopped Wiebe from providing MAID to a 52-year-old Alberta woman who planned to visit her Vancouver clinic to undergo medically assisted death.

The woman had been diagnosed with bipolar disorder and later became convinced she had akathisia–an inability to stay still. She began searching for medically assisted death in Alberta, but could not find doctors that approved her request. She then found Wiebe, who approved her “at the end of their first call,” the court document says.

The lawsuit was filed by the woman’s common-law partner, who obtained a temporary injunction to stop her medically assisted death. He argued she did not qualify for MAID because her condition was one of mental illness and her physical illness was not irremediable.

The Canadian Press contributed to this report.