A British Columbia judge has granted an urgent injunction stopping a woman香蕉视频直播檚 medically assisted death, the day before it was scheduled to take place in Vancouver.
The injunction granted on Saturday to the woman香蕉视频直播檚 common-law partner prevents Dr. Ellen Wiebe or any other medical professional from helping end the life of the 53-year-old Alberta woman within 30 days.
The judge香蕉视频直播檚 ruling says the woman appears to have a mental health condition with no physical ailment.
The B.C. Supreme Court application for the injunction says that after she was denied medical assistance in dying, or MAID, in her home province, she found Wiebe in Vancouver.
It says Wiebe approved MAID on her first meeting with the woman, without consulting the patient香蕉视频直播檚 other doctors.
Justice Simon R. Coval said on Sunday in his reasons for granting the injunction that it was 香蕉视频直播渃learly a situation of extreme irreparable harm香蕉视频直播 to both the woman and her partner if the injunction was not granted before she was scheduled to die on Oct. 27.
He said there were 香蕉视频直播渆xtremely pressing circumstances,香蕉视频直播 and a serious question about 香蕉视频直播渨hether there should be judicial oversight香蕉视频直播 when someone chooses to die by MAID.
Coval said he recognized the injunction 香蕉视频直播渋s a severe intrusion into (the woman香蕉视频直播檚) personal and medical autonomy.香蕉视频直播
香蕉视频直播淚 can only imagine the pain she has been experiencing and I recognize that this injunction will likely make that worse,香蕉视频直播 he said.
Coval said there is an 香蕉视频直播渁rguable case香蕉视频直播 about whether the MAID criteria were properly applied to the woman.
香蕉视频直播淎s I香蕉视频直播檝e said, the evidence suggests (her) situation appears to be a mental health condition or illness without a link to any physical condition and it may not only be remediable, but remediable relatively quickly,香蕉视频直播 he said.
The woman and her partner have been granted anonymity by the court.
The application says the woman was diagnosed with bipolar disorder and later became convinced she had akathisia 香蕉视频直播 an inability to sit still that is linked to certain types of medication 香蕉视频直播 and began exploring medical assistance in dying.
香蕉视频直播淎t the same time, (she) continued to express her desire to die. She did not want to do it herself, and regularly begged the plaintiff to end her life,香蕉视频直播 the application said.
It said two practitioners with expertise in the condition told her it was treatable, transitory and manageable, and if she followed their recommendations, 香蕉视频直播渉er akathisia could resolve within two to six months.香蕉视频直播
The document claims she did not exhaust all medical treatments and was unable to obtain approval for assistance to die in Alberta.
The application says Wiebe did not try to consult with the woman香蕉视频直播檚 treating physicians and 香蕉视频直播渞elied solely on the information provided香蕉视频直播 by the woman.
It also says the woman could not find an independent witness for the authorization form, or a second person to authorize MAID so Wiebe provided both.
Medically assisted death in Canada is only currently legal for people on the basis of a physical health condition.
Applicants whose medical condition is mental illness will remain ineligible until at least March 2027.
The application says Wiebe breached her statutory duty by approving assistance in dying for a condition that does not qualify, while failing to review the patient香蕉视频直播檚 medical history or conduct a full health assessment.
None of the allegations have been proven in court and Wiebe declined a request for comment by The Canadian Press.
Wiebe was interviewed for a BBC documentary that screened this year, telling an interviewer that she had been involved with more than 400 MAID deaths.
She said there were situations 香蕉视频直播渨here I find someone not eligible or eligible when another person won香蕉视频直播檛, because of the way our law is written.香蕉视频直播
Wiebe told the BBC the 香蕉视频直播淣o. 1 reason香蕉视频直播 people wanted MAID was to maintain 香蕉视频直播渁utonomy and control.香蕉视频直播
The B.C. Supreme Court application names the woman, Wiebe and her clinic as defendants.
It had sought a permanent injunction against MAID for the woman, or a 30-day injunction in the alternative, as well as a declaration the woman does not qualify for MAID, and damages.
The applicant香蕉视频直播檚 lawyer did not immediately respond to voicemails left with her firm.