Alberta woman's medically assisted death delayed last minute by B.C. judge

An Alberta woman was denied a medically assisted death in Vancouver this past Sunday after an interim injunction was granted in B.C. Supreme Court barely 24 hours before she was scheduled to die.

According to court documents, the woman was approved for medical assistance in dying (MAiD) in July by Vancouver MAiD provider Dr. Ellen Wiebe after her own doctors in southern Alberta wouldn't approve it.

Wiebe was scheduled to conduct the death at 8 p.m. on Oct. 27 at the Willow Reproductive Health Centre.

The injunction application and civil claim were filed by the woman's common-law spouse. Both names have been ordered anonymized by the court.

In the documents, the husband argues that his wife's condition — akathisia — does not qualify her for assisted death.

He also claims that the MAiD process was flawed and that his wife has mental health problems that "underpin her wish to apply for MAiD." 

People with mental illness as their sole underlying medical condition are not eligible for MAiD under current legislation.

'Extreme, irreparable harm'

In his reasons, Justice Simon Coval granted the 30-day injunction, stating there was "clearly a situation of extreme, irreparable harm." 

He also said there is an "arguable case about whether or not the MAiD criteria and process has been followed."

"I can only imagine the pain she has been experiencing and recognize that this injunction will only make things worse," said Coval. "But ... in my view, the interest of justice requires that this interim injunction be granted."

According to the civil claim, the woman was diagnosed with rapid cycling type 2 bipolar disorder and has been prescribed medications for various issues since 2018. 

The husband said one medication in particular, Quetiapine, left her feeling drugged, unable to move, extremely lethargic and with an "inner sense of fear."

Under medical direction, she began to taper off the drug but experienced distressing side effects, described as "'the horrors," which included an inner sense of terror, inability to sleep at night or sit still, and suicidal thoughts.

After researching her symptoms online, the claim says the woman became convinced that she had akathisia — a condition described as an "inability to sit still" that's been associated with certain types of medications, especially antipsychotics.

The husband said she was assured by two experts that the condition was treatable but never followed their advice.

He said in early 2024 she began exploring MAiD and that after being refused by her own doctors in Alberta found Dr. Wiebe online. 

According to the husband, Wiebe did not speak to the woman's doctors directly but asked that she obtain and forward her own medical records. He said his wife's psychiatrist indicated she never requested her psychiatric records, which suggests they were not used in Wiebe's MAiD assessment process. 

According to the husband, Wiebe gave his wife approval for MAiD after their first Zoom meeting. 

He said because his wife couldn't get anyone to witness her completed form to obtain MAiD, a volunteer at Dr. Wiebe's clinic signed it.

He said because his wife did not have a doctor who would provide a second MAiD assessment, Wiebe arranged for another doctor to do it.

CBC reached out to Wiebe, but she declined to comment.

None of the allegations have been proven in court, and no responses to the civil claim have been filed.