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A palliative care physician in Vancouver has resigned from her role in protest of how medical assistance in dying (MAID) is handled in some faith-based hospitals in British Columbia, joining a high-profile legal challenge arguing the system forces patients to endure harmful transfers to access their legally allowed care.
The case stems from the experience of Sam O’Neill, a terminally ill woman who sought MAID in 2023 while receiving care at St. Paul’s Hospital in Vancouver, which is operated by Providence Health Care — a Catholic-affiliated health provider that does not permit assisted dying on its premises. Because of the hospital’s policies, Sam was moved to another facility before she could receive MAID, prompting her parents to take legal action. They allege that “forced transfers” due to religious institutional policies infringe on patients’ rights to life, liberty and security of the person under the Canadian Charter of Rights and Freedoms.
According to court filings, Sam’s transfer was distressing and physically difficult, and she was sedated for part of the move. Her parents argue the requirements imposed by the province’s MAID policy — which allows faith-based hospitals to opt out of providing assisted dying — caused their daughter unnecessary pain and limited time for farewells with loved ones.
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The Vancouver palliative care doctor who resigned has joined Dying With Dignity Canada and the O’Neill family in the constitutional challenge before the British Columbia Supreme Court, which is examining whether the province’s policy that exempts religiously affiliated institutions from offering MAID violates Charter protections. The physician’s resignation highlights ethical tensions in healthcare practice when institutional conscience and patient-access rights clash.
Providence Health Care has defended its actions, stating it facilitates transfers and does not prevent patients from accessing MAID overall, but the case raises broader questions about consistent access to assisted dying services across the publicly funded health system.
The case is expected to proceed through the courts and could be appealed to the Supreme Court of Canada, potentially setting a major precedent for how healthcare institutions reconcile religious beliefs with legally protected patient care options.