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The lawyer acting for the father argued the Medical Assistance in Dying approval her client’s 27-year-old daughter received needs to be thoroughly reviewed
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Lawyers for a Calgary man trying to block his adult daughter’s assisted suicide say a judicial review of her approval should be conducted.
But counsel for the woman, who can’t be identified under a court order, argued Monday the father has no standing in interfering with an approved medical decision.
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Lawyer Sarah Miller, who acts for the father, named in court records as W.V., said an injunction granted to the dad the day before the woman’s assisted suicide was to take place on Feb. 1 should be extended until a judicial review can take place.
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Miller argued the Medical Assistance in Dying (MAID) approval her client’s 27-year-old daughter, M.V., received needs to be thoroughly reviewed.
“As W.V. explains, M.V. suffers from autism and possibly other undiagnosed maladies that do not satisfy the eligibility criteria for MAID,” Miller said in her written brief for Justice Colin Feasby.
Along with autism, the Court of King’s Bench judge was told the woman also suffers from attention deficit hyperactivity disorder and her father does not believe she is in need of MAID to relieve her suffering.
The daughter applied for MAID last year and initially received approval from one of two doctors. She then applied to a third physician who also approved the procedure.
“There are genuine concerns with respect to impartiality,” Miller said.
The lawyer said there are also issues concerning whether the patient has been subject to undue influence in coming to the conclusion she wants medical professionals to terminate her life.
“There’s no evidence before this court that she has an irremediable condition,” Miller said.
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In her written brief, she said if Feasby finds he doesn’t have the ability to judicially review the decision, then her client would only be able to bring legal action after his daughter’s death.
“If this court determines that it does not have the ability to judicially review MAID approvals by (Alberta Heath Services), it will create an insulated system of government action, wherein the legality of AHS’s decisions is immune to review in advance of the patient’s death,” she said.
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But lawyers Austin Paladeau and Evan Jovanovic said the decision to resort to MAID was a medical issue between the woman and her doctors.
“It would have the effect of allowing one individual to impose their beliefs on another,” Jovanovic told Feasby.
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He said while they sympathized with the father’s situation, he doesn’t have the right to intervene.
“While this is sad, it does not give him the right to keep his daughter alive against her wishes,” Jovanovic said.
He said it came down to an issue of their client’s “fundamental right . . . and bodily integrity.”
Lawyers for Alberta Health Services said their client had no say in the decision and the body shouldn’t be subject to any judicial review.
“Physicians are not employees of AHS,” John Siddons said.
In reserving his decision, Feasby said it’s a complex case that will undoubtedly end up in the Court of Appeal.
“I don’t propose to take a long time with my decision, but I find this case more vexing than most,” he said.
KMartin@postmedia.com
X: @KMartinCourts
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