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 (MAID) 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.  

Gaye O'Neill, the mother of 34-year-old Samantha O'Neill, is the lead plaintiff in the case, along with Dr. Jyothi Jayaraman, a palliative care doctor who quit over Providence's policy that bars patients from accessing MAID in its facilities.

Samantha O'Neill opted for end-of-life care in April 2023 after being diagnosed with Stage 4 cervical cancer.

She was being treated at St. Paul's Hospital in Vancouver, but could not have the procedure to end her life there because the hospital is operated by Providence — a Catholic health organization that opposes the practice.

A statement of claim filed in B.C. Supreme Court on Monday morning states that O'Neill died hours after being heavily sedated to prepare her for the transfer to another facility.

"In the course of her transfer, Ms. O'Neill was first moved to a commode. The last time her parents saw her conscious and to say their final goodbyes was while Ms. O'Neill sat on the commode. She was then heavily sedated for the ambulance transfer," reads the statement of claim.

"During the transfer, Ms. O'Neill was writhing and moaning in pain and had to receive a further injection of pain medication. She spent her last hours unable to see, hear or feel any of the people who had gathered to support her.

"Ms. O'Neill did not regain consciousness after being sedated for the ambulance trip."

She died on April 4, 2023.

The lawsuit alleges that while O'Neill ultimately had access to MAID, "the circumstances surrounding the forced transfer and Ms. O'Neill's access to MAID caused and exacerbated Ms. O'Neill's egregious physical and psychological suffering, and denied her a dignified death, including the ability to say goodbye to her family and loved ones." 

None of the allegations have been proven in court. 

Providence Health said in a statement it is reviewing the court filing to determine next steps. It said while MAID is not available at its facilities, it works with Vancouver Coastal Health to ensure patient requests for MAID are addressed.

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.

Dix said at the time the new dedicated space — once it's up and running this fall — will allow patients to receive compassionate and dignified MAID services.