An autistic Calgary woman with a mental illness has been approved for government-assisted suicide (aka Medical Assistance in Dying – MAID), however her father claims that she’s incapable of giving consent.
The father, who’s name has not been released due to a publication ban, has asked an Alberta judge to dive deeper into the conditions that led to the government approving to end his daughter’s life.
The day before her scheduled death, he was successful in receiving a temporary injunction after pleading that his daughter “suffers from autism and possibly other undiagnosed maladies that do not satisfy the eligibility criteria for MAID.”
No medical documentation has been provided to the court justifying her approval.
The father worries that his daughter’s decision was influenced, but his daughter’s lawyer claimed that “while this is sad, it does not give him the right to keep her alive against her wishes.”
Her lawyer, Austin Paladeau, additionally stated that the conclusion of whether she qualifies or not should be left up to the medical professionals and it’s none of her father’s business.
Sarah Miller, the lawyer for the father, called the situation “a novel issue for Alberta.”
Miller stated in her brief for the court that “as it stands, the [Alberta Health Services] operates a MAID system with no legislation, no appeal process and no means of review.”
She is requesting Court of King’s Bench Justice Colin Feasby for a judicial review of the daughter’s qualification for MAID.
MAID eligibility
Eligibility for MAID requires that individuals must “experience unbearable physical or mental suffering from illness, disease, disability or state of decline that cannot be relieved under conditions that the person considers acceptable.”
Two doctors must sign off to qualify the patient.
In her application, the daughter stated that her death was “reasonably foreseeable” however she was listed as a “track 2” MAID patient, meaning her death is not reasonably foreseeable.
The two doctors originally approached regarding her application were not 100% on board, with only one doctor qualifying her.
A third party was then required as a “tie breaker” with AHS approving her death.
Alberta doctor William Makis called her MAID approval “certainly illegal” on X, stating that “AHS wants to kill her regardless and doesn’t want any scrutiny into their decision.”
