A closer look a the assisted-death ruling handed down in Alberta this week

A judge granted a Calgary woman’s application to have a doctor-assisted death, under an exemption allowed by the Supreme Court while the federal government crafts a new law governing the practice. It’s believed to be the first granted by a Canadian court. Queen’s Bench Justice Sheilah Martin outlined in her ruling how the process should work in Alberta, noting that she followed the criteria laid out by the Supreme Court.

Here are the things she considered:

— Is the person a competent adult?

— Did the person clearly consent to the termination of life?

— Does the person have a grievous and irremediable medical condition?

— Does the condition cause enduring, intolerable suffering?

— Can the suffering be alleviated by any treatment that is acceptable to the individual?

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The high court did not dictate what type of evidence was needed, so Martin relied on:

— Affidavits from the applicant.

— Statements from her doctor, the doctor who planned to assist the death and other doctors from an ALS clinic.

— A letter from her best friend.

— A letter the applicant wrote to her lawyer describing her life.

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Martin noted that different evidence has been suggested in other provinces. In Ontario, she noted that the chief justice of the Superior Court has proposed affidavits from the following people are needed as evidence:

— The applicant.

— The attending doctor.

— A psychiatrist.

— The doctor who would assist in the death

And in British Columbia, she said, the chief justice of the British Columbia Supreme Court suggests affidavits are needed from:

— The applicant.

— Two doctors.

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Quebec has had its own assisted-death law since December. It does not require a court process; instead people must:

— Fill out a prescribed form.

— Provide statements from two doctors.

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