N.S. assisted death case: wife loses in court

An appeal court judge in Nova Scotia has rejected a woman's bid to stop her husband from receiving a medically assisted death, pending an appeal.

The woman was seeking a stay of a lower court ruling that rejected her request for an injunction, having concluded the 83-year-old man with end-stage chronic obstructive pulmonary disease — identified as Mr. X — was entitled to the procedure because he met the criteria under federal law.

Last month, lawyers for the 82-year-old woman — identified as Mrs. Y — asked the Nova Scotia Court of Appeal to issue a stay before her appeal is heard, arguing the medical professionals who approved her husband's request had conflicting opinions about whether his death was reasonably foreseeable.

Justice Elizabeth Van den Eynden issued a decision today saying the woman had failed to establish a stay was warranted because court records show that at least two qualified medical professionals determined Mr. X met the eligibility criteria and that all statutory safeguards were met.

As well, Van den Eynden said she could find no realistic ground for appeal and no material inconsistencies in the assessments provided by medical professionals.

Under the Criminal Code, a medically assisted death can only be granted if two independent medical professionals determine the applicant has a grievous and irremediable medical condition, their death is reasonably foreseeable and they have the mental capacity to provide informed consent.