Family of woman forced to transfer from Catholic hospital to another facility for MAID sues

The family of a terminal cancer patient who had to transfer health care facilities to receive medical assistance in dying is suing British Columbia and two health authorities, arguing that it is a violation of Charter rights for publicly funded care sites to deny the procedure on religious grounds.

The province, as represented by the Minister of Health; Providence; and Vancouver Coastal Health are named as defendants in the lawsuit, which invokes sections of the Charter of Rights and Freedoms pertaining to freedom of conscience and religion and the right to life, liberty and security of the person.

Sam O’Neill was a writer, runner and fierce vegan who had “more friends than you could shake a stick at,” said her mother. Her cervical cancer was fast moving, contributing to kidney infections and osteoporosis. In February, 2023, she was assessed and approved for MAID. The following month, she was taken by ambulance to St. Paul’s, where doctors informed her that the cancer had spread to her spine, breaking her vertebrae, and that no further treatments were available, according to the lawsuit.

Prior to being heavily sedated for the ambulance transfer, Sam O’Neill was first moved to a commode, where she sat wrapped in a blanket and exchanged her final words with her parents – the last time they would see her conscious.“I looked at her and said, ‘I am so sorry,’ and she just said, ‘It is what it is,’” she said.“That was the last time I said, ‘See you, Sam. I love you,’” he said.

In a statement to The Globe on Monday, Health Minister Adrian Dix said he respects the perspectives of all parties involved, as well as the court process and, as such, cannot comment on the matter. “I have immense compassion for all patients and their loved ones that choose and go through the MAID process,” he said.

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