Woman's family sues B.C., hospital operator over MAID policy

The family of a Vancouver woman who was forced to transfer hospitals before she could receive medical assistance in dying is suing the province of British Columbia and Providence Health Care, saying the health authority's policy to ban MAID in its facilities violates patients' Charter rights.Samantha O'Neill pictured in Whistler in August 2019. Her mother described her daughter as an 'active, loving, vegan marathoner', and her family is now suing the province of B.C.

Samantha O’Neill had to be transferred from St. Paul’s Hospital in Vancouver because the facility is overseen by Providence Health Care, a Catholic organization that opposes medical assistance in dying. After pressure from O'Neill's family and human-rights charity Dying with Dignity Canada, Health Minister Adrian Dix announced in November 2023 that his ministry had reached a deal with Providence that would allow St. Paul's patients to access MAID in a clinical space next to the hospital that would be operated by Vancouver Coastal Health staff.

"My concern is to ensure that everyone has very good access to service. That service will be provided by Vancouver Coastal Health, not Providence Health Care."They said Providence Health should not be receiving public funds if it refuses to provide a full suite of medical services. The lawsuit argues that B.C.'s policy, which allows Providence to deny MAID in its facilities, infringes on Canadians' Charter rights and, as a result, should be struck down."Restrictions on the ability to access MAID interfere with the most fundamental life, liberty and security interests of vulnerable patients," reads the statement of claim.

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