Family Sues Over Alleged Improper MAiD Procedure for Man on Day Pass from B.C. Hospital

The family of a 52-year-old B.C. man, identified as JMM, has launched a lawsuit against the federal and provincial governments, claiming he received medical assistance in dying (MAiD) under questionable circumstances while on a day pass from St. Paul’s Hospital in Vancouver.

JMM, who had bipolar disorder and chronic back pain, was approved for MAiD in late 2022. However, his family alleges that JMM later expressed a desire to explore alternative treatments, including rehabilitation, and that his approval for MAiD was granted despite his physical pain not meeting the eligibility criteria of being "grievous and irremediable."

Day Pass Tragedy

According to court documents filed in B.C. Supreme Court, JMM was involuntarily admitted to the psychiatric ward at St. Paul’s Hospital under the Mental Health Act. His treating physicians reportedly believed he lacked the capacity to consent to MAiD due to his mental illness.

Despite these concerns, JMM allegedly left the hospital on a day pass, visited a clinic, and underwent the MAiD procedure without his family’s knowledge.

"JMM’s treating physicians opined that he should not receive MAiD due to his mental illness, which impaired his capacity to consent," the lawsuit states.

The family claims they were not informed of JMM’s departure from the hospital until after the procedure had been completed.

Legal and Ethical Questions

The lawsuit argues that JMM’s death highlights a failure in Canada’s MAiD framework to protect individuals with concurrent mental and physical illnesses. Currently, the law excludes individuals with mental illness as the sole basis for eligibility but does not address safeguards for those with both mental and physical conditions.

"This failure exposes the vulnerable group, including JMM, to a heightened risk of premature death facilitated by the state," the lawsuit reads.

The family seeks damages for wrongful death and a declaration that JMM’s rights to life, security, and equal protection under the Charter of Rights and Freedoms were violated.

Broader Concerns

JMM’s case is not the first to raise alarms about Canada’s MAiD framework. In October, a judge issued an injunction to stop the assisted death of a woman in Vancouver, citing concerns about whether her mental health conditions had been adequately treated.

The expansion of MAiD to include individuals with mental illness was delayed until 2027 to address such complexities.

The lawsuit alleges that financial pressures and inadequate safeguards contributed to JMM’s decision, a claim echoed in other recent cases. Critics argue that the framework requires judicial oversight for vulnerable individuals to ensure decisions are made with full understanding and consent.

Responses Pending

A spokesperson for Providence Health Care, which operates St. Paul’s Hospital, declined to comment on the lawsuit. None of the allegations have been proven in court, and the named parties, including the federal and provincial governments, have yet to respond.

The case highlights ongoing debates about balancing the right to die with protections for vulnerable populations under Canada’s evolving MAiD laws.