B.C. government struck compromise on assisted dying policy, court told

The B.C. Supreme Court has accepted new evidence from the family of a woman whose medically assisted death was delayed after she was transferred from St. Paul’s Hospital to an adjacent facility for medical assistance in dying, as the province defends its approach to MAID in faith-based institutions.

The affidavit, submitted by Alexi Rivera of Prince George, describes the final days of her mother, Anna Chamberlain, who died by MAID on Jan. 7, 2026 — just days before the constitutional challenge began. Rivera says her mother’s death was delayed by more than a day due to scheduling and clinical complications involved in transferring her to the Shoreline Space, an area located next to St. Paul’s Hospital and operated by Vancouver Coastal Health Authority specifically for MAID provision.

The case is being heard by British Columbia Supreme Court Chief Justice Ronald Skolrood. The defendants are the B.C. government, Providence Health Care, and Vancouver Coastal Health.

At the centre of the trial is B.C.’s MAID policy, which allows publicly funded, faith-based health-care providers to refuse to perform assisted dying within their facilities, while requiring them to cooperate with health authorities to ensure patients can access the service elsewhere.

Government lawyers argue that the use of so-called “adjacent spaces” — facilities physically connected to hospitals — minimizes disruption for patients and families by avoiding ambulance transfers to distant locations. This approach was developed following high-profile cases in which patients were moved off-site entirely to receive MAID.

However, Rivera’s evidence challenges the idea that adjacent spaces eliminate harm, describing her mother’s transfer as stressful and medically complex despite the short physical distance involved.

The defence began calling witnesses this week, starting with current and former officials from the B.C. Ministry of Health. Testimony focused on the policy decisions made after MAID became legal in Canada in 2016 and the difficulties the province faced in reconciling federal law with existing agreements with faith-based providers.

A 2016 briefing note entered into evidence stated the ministry believed it would likely be unconstitutional or impractical to force religious organizations to allow MAID on their premises.

Providence Health Care, a non-profit organization sponsored by the Catholic Church, operates St. Paul’s Hospital, Mount Saint Joseph Hospital, two hospices and several long-term care facilities under agreements with Vancouver Coastal Health. According to agreed facts before the court, about 93 per cent of Providence’s funding in 2024–25 came from public sources.

Former health ministry official Derek Rains, who helped oversee the creation of the MAID framework, testified that Providence initially refused to allow even MAID assessments in its facilities. He said the province negotiated a compromise allowing assessments to take place on-site, while requiring patients to be transferred for the procedure itself.

Another government witness, associate deputy minister Tiffany Ma, told the court that Providence plays a critical role in the provincial health system. She noted that all heart transplants in B.C. are performed at St. Paul’s Hospital and that Providence contributes specialized cardiac and renal care to patients across the province.

Ma also testified that Providence contributed roughly $850 million toward construction of the new St. Paul’s Hospital in Vancouver’s False Creek Flats, a project expected to cost more than $2 billion.

Any withdrawal of services by Providence, she said, would be “quite expensive and disruptive” for the province’s health-care system.

The trial continues, with the court expected to consider whether B.C.’s MAID policy appropriately balances freedom of religion with patients’ constitutional rights to access end-of-life care.