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A Canadian judge has dismissed the request from an octogenarian to stop her husband from going through with assisted suicide.


Y and X respectively are wife and husband. They are both in their early 80s and have been married for almost 50 years, said a written Nova Scotia Supreme Court decision released Tuesday that does not identify the couple.


He has Stage III chronic obstructive pulmonary disease and other medical conditions that he asserts have made him eligible for Medical Assistance in Dying, or MAID, Justice Peter Rosinski said in the decision dated Aug. 14.


That procedure, chosen by X, was scheduled to take place on July 20, 2020. It was permitted to be scheduled because it was in accordance with the Nova Scotia Health Authoritys Interdisciplinary Clinical Policy and Procedure titled Medical Assistance in Dying.


But the wife won a temporary injunction that delayed the process. 


In her court application to stop the assisted suicide, the mans wife also names the Nova Scotia Health Authority and nurse practitioner Schelene Swinemar as respondents.


She seeks a permanent and interlocutory injunction enjoining the respondents from carrying out an assisted suicide of [X] A declaration that [X] does not meet the legal requirements to permit an assisted suicide according to Canadian law and particularly that he does not suffer from a grievous and irremediable medical condition and that his death is not reasonably foreseeable, said the decision released Tuesday.


While their positions are clearly at odds, the judge said hes satisfied both husband and wife are acting with what they each sincerely believe are his best interests.


I am further satisfied that this is not a proper case for an interlocutory injunction that would prevent X from continuing to exercise his constitutional right to the availability of MAID, Rosinski said. I therefore dismiss Ys motion for an interlocutory injunction.


Due to the pandemic, the judge said the soonest a full hearing could be held on the merits of the case would be fall at the earliest and next spring at the latest.


Rosinski was satisfied the MAID process the husband followed was lawful.


While he acknowledged the wife would suffer irreparable harm should her husband go through with assisted suicide, Rosinski reasoned the husband would suffer more if he doesnt.


I conclude that there is significant compelling evidence that X has reasonably been determined to have a grievous and irremediable medical condition as defined in section 241.2 (2) of the Criminal Code of Canada, and that the other eligibility conditions have been met. X is constitutionally entitled to take this course of action, and given that he has some level of ongoing dementia, which could, by itself or in addition to other phenomena such as cerebrovascular disease, render him incapable, and therefore no longer qualified to consent to his presently chosen MAID process, there is a real risk here that he will be deprived of his present choice.


As part of the evidence, one nurse practitioner said the husband met the criteria for assisted suicide, while another argued he did not. The latter authored a separate written report in which she elaborated that I do not feel he is capable of making decisions regarding MAID due to dementia He has a grievous progressive and incurable illness (dementia/COPD) but I do not feel that death is foreseeable.


A psychiatrist who examined the husband in May said he consistently stated his choice was to have medical assistance in dying. He had a factual understanding of his illness and understood that there was no other treatment that would cure his disease or improve his symptoms that are acceptable to him. He finds it intolerable and extremely stressful to be so short of breath and fatigue throughout his day, and unable to function in the way that he wants to He wants to avoid a painful death


Source: https://www.thechronicleherald.ca

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Judge dismisses wife's attempt to stop husband's assisted death

Tap "WorldWire" above  to follow us



A Canadian judge has dismissed the request from an octogenarian to stop her husband from going through with assisted suicide.


Y and X respectively are wife and husband. They are both in their early 80s and have been married for almost 50 years, said a written Nova Scotia Supreme Court decision released Tuesday that does not identify the couple.


He has Stage III chronic obstructive pulmonary disease and other medical conditions that he asserts have made him eligible for Medical Assistance in Dying, or MAID, Justice Peter Rosinski said in the decision dated Aug. 14.


That procedure, chosen by X, was scheduled to take place on July 20, 2020. It was permitted to be scheduled because it was in accordance with the Nova Scotia Health Authoritys Interdisciplinary Clinical Policy and Procedure titled Medical Assistance in Dying.


But the wife won a temporary injunction that delayed the process. 


In her court application to stop the assisted suicide, the mans wife also names the Nova Scotia Health Authority and nurse practitioner Schelene Swinemar as respondents.


She seeks a permanent and interlocutory injunction enjoining the respondents from carrying out an assisted suicide of [X] A declaration that [X] does not meet the legal requirements to permit an assisted suicide according to Canadian law and particularly that he does not suffer from a grievous and irremediable medical condition and that his death is not reasonably foreseeable, said the decision released Tuesday.


While their positions are clearly at odds, the judge said hes satisfied both husband and wife are acting with what they each sincerely believe are his best interests.


I am further satisfied that this is not a proper case for an interlocutory injunction that would prevent X from continuing to exercise his constitutional right to the availability of MAID, Rosinski said. I therefore dismiss Ys motion for an interlocutory injunction.


Due to the pandemic, the judge said the soonest a full hearing could be held on the merits of the case would be fall at the earliest and next spring at the latest.


Rosinski was satisfied the MAID process the husband followed was lawful.


While he acknowledged the wife would suffer irreparable harm should her husband go through with assisted suicide, Rosinski reasoned the husband would suffer more if he doesnt.


I conclude that there is significant compelling evidence that X has reasonably been determined to have a grievous and irremediable medical condition as defined in section 241.2 (2) of the Criminal Code of Canada, and that the other eligibility conditions have been met. X is constitutionally entitled to take this course of action, and given that he has some level of ongoing dementia, which could, by itself or in addition to other phenomena such as cerebrovascular disease, render him incapable, and therefore no longer qualified to consent to his presently chosen MAID process, there is a real risk here that he will be deprived of his present choice.


As part of the evidence, one nurse practitioner said the husband met the criteria for assisted suicide, while another argued he did not. The latter authored a separate written report in which she elaborated that I do not feel he is capable of making decisions regarding MAID due to dementia He has a grievous progressive and incurable illness (dementia/COPD) but I do not feel that death is foreseeable.


A psychiatrist who examined the husband in May said he consistently stated his choice was to have medical assistance in dying. He had a factual understanding of his illness and understood that there was no other treatment that would cure his disease or improve his symptoms that are acceptable to him. He finds it intolerable and extremely stressful to be so short of breath and fatigue throughout his day, and unable to function in the way that he wants to He wants to avoid a painful death


Source: https://www.thechronicleherald.ca

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