Charter challenge of religious exemption to assisted dying law heads to court in B.C.

The B.C. Supreme Court is set to begin hearing a case Monday that questions whether religious hospitals have the right to refuse certain procedures.

Dying With Dignity Canada is among a group of plaintiffs bringing a Charter challenge against the B.C. government, Vancouver Coastal Health and Providence Health Care.

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Providence is a Catholic organization that operates 18 health and long-term care facilities in Vancouver.

The B.C. government allows organizations like Providence to opt out of providing medical assistance in dying in their facilities, as long as patients are transferred elsewhere.

The plaintiffs include the parents of 34-year-old Sam O’Neill, who had to be transferred from St. Paul’s hospital to receive MAID in April 2023.

Gaye and Jim O’Neill say their daughter was in excruciating pain during the transfer and they allege in court filings that the transfer meant Sam’s loved ones didn’t get a chance to say goodbye.