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Medical Assistance in Dying

People who are suffering unbearably with serious and incurable medical conditions should have the right to choose a dignified and peaceful death.

After ten years and two groundbreaking cases, the BCCLA continues to fight for protections of end-of-life rights. We want to ensure compassion and choice and uphold the rights of seriously and incurably ill Canadians. The BCCLA has fought decriminalize and secure the right to medical assistance in dying (MAID) with the leadership and support of many courageous people who want the ability to control their own lives and their own destinies.  

When all else fails – when medical treatments, pain management, comfort care, and hospice care that are acceptable to a person are not enough to relieve extreme suffering – people should have the option to chart their end-of-life journey painlessly and with compassion. People who suffer from diseases such as terminal cancer, Huntington’s disease, and multiple sclerosis should be able to choose a compassionate death. They deserve the peace of mind and improved quality of life that comes with knowing that should their suffering become intolerable, a peaceful and dignified medically-assisted death will be an available choice.

We believe that where deeply personal choices regarding end-of-life care are involved, people should have the option, with the support of their families and their doctors, to make the end-of-life decisions that are right for them.  

For years, Canada’s laws criminalized assistance in dying, forcing seriously ill Canadians to resort to violent methods. Tragically, people find ways to end lives that have become unbearable, no matter what the law says, even if that means choosing a violent, risky death. Regulation of choice in dying, rather than the criminalization of doctors provides strong protection for seriously ill Canadians.

The right to medical assistance in dying (MAID) was confirmed by the Supreme Court of Canada in the BCCLA’s groundbreaking Carter v. Canada case, and in our subsequent case before the BC courts.

Canada is one of a growing number of jurisdictions around the world that permits medical aid in dying. The current MAID law places strict limits on who can request MAID and has ensured that the law has worked as intended. It provides layers of safeguards to ensure that a person is competent and protected against any coercion. While some people with a grievous and irremediable illnesses get comfort and peace of mind from knowing that MAID is an option should their pain and suffering become too great, MAID is not widely requested or used. These safeguards will provide strong protection, even after eligibility is broadened to individuals who are not near death.

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In February 2020, the federal government introduced Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). The Bill allows for those whose natural deaths are not reasonably foreseeable to access MAID and allows for advanced requests in place of a final confirmation for those whose capacity to do so may become impaired.

The BCCLA largely supports Bill C-7. Importantly, Bill C-7 removes the requirement that a person’s natural death has become “reasonably foreseeable.” It is unconstitutional to limit assistance in dying to people who are at the end of life. People with diseases such as MS, Huntington’s disease, spinal muscular atrophy, and locked-in syndrome who are suffering without an end in sight should have the option of MAID.

We should always provide all people full access to medical treatments, pain management, comfort care, hospice care and the supports necessary to live with dignity. Yet, when it becomes impossible to provide relief from extreme suffering from a grievous and irremediable medical condition, the law should allow a person the option to end their pain and suffering when the time comes.

The biggest problem with Bill C-7 is that it amends to the criminal law to absolutely prohibit people whose sole underlying condition is “mental illness” from having the choice of medical assistance in dying. The prohibition applies to all people – regardless of whether they are decisionally capable individuals. Canada should support human rights in mental health care, but Bill C-7 has the opposite effect. It stigmatizes and abandons those suffering from mental health issues. Excluding all “mentally ill” people from choosing assistance in dying, no matter how extreme their suffering, no matter how grievous and irremediable their condition, and irrespective of the competence and voluntariness of their decision, takes away a human right that was granted by the Supreme Court of Canada. We support safeguards that would permit patients with mental health issues to access the law under very strict and limited circumstances. These safeguards should not be regulated through the Criminal Code – they should be developed by clinicians and professional regulatory bodies in consultation with the real people whose suffering is at stake.

The BCCLA will be advocating and pressuring the government to urgently address flaws in the legislation and make amendments before the bill becomes law.

Medical assistance in dying in the courts

Carter v. Canada

After a four-year legal struggle, on February 6, 2015, the BCCLA won a historic victory in Carter v. Canada, when the Supreme Court of Canada unanimously ruled to strike down the laws criminalizing physician-assisted dying.

The Court determined that the ban on physician-assisted dying forces seriously and incurably ill people to endure unnecessary pain and suffering at the end of life, and takes away their freedom to choose a more dignified and peaceful death.

The BCCLA filed the case in April 2011 on behalf of Gloria Taylor, who suffered from ALS, Dr. William Schoichet, a family doctor, and Lee Carter and Hollis Johnson, who accompanied Lee’s 89-year-old mother, Kathleen Carter, to Switzerland to peacefully end her life.

Learn more about our Carter v. Canada case.

Lamb v. Canada

Following our win at the Supreme Court of Canada, the federal government passed a restrictive law that violated the rights of suffering people in Canada. This law (Bill C-14) purported to restrict medical assistance in dying to those whose illness is terminal and who are near death.

Bill C-14 flew in the face of the Carter decision and trapped many people in unbearable suffering. The federal government left Julia Lamb, Robyn Moro, and other seriously ill Canadians with no choice but to go back to court to fight for a right they already won. As we had for more than two decades, the BCCLA stood with them and took the government to court.

On June 27, 2016, the BCCLA filed a constitutional challenge to Bill C-14 and challenged the requirement that medical assistance in dying should only be available to those whose natural death is “reasonably foreseeable.”

In September 2019, we adjourned our case after the government’s own expert witness admitted that Julia Lamb would now qualify for an assisted death if she requested it. The government’s uncontested evidence in Julia’s case provided new clarity to health care providers. It confirmed that people who are seriously ill and face enduring and intolerable suffering have the right to die with dignity, even if they are not at or near the end of life, and their deaths are not considered “reasonably foreseeable.”

This was a huge victory for Julia and for the many people like her who might find themselves suffering unbearably with no end in sight.

I feel like a shadow has been lifted now that I don’t have to live in fear of the future. I sincerely hope that the evidence that the government filed will provide comfort to doctors who are asked to provide MAID to people who are trapped in intolerable suffering with no end in sight.

Learn more about our Lamb v. Canada case.

Lamb v. Canada: the Death with Dignity Case Continues


On June 27, 2016, the BCCLA filed a constitutional challenge to the new assisted dying law (Bill C-14), a restrictive federal law that violates the rights of suffering Canadians.

The BCCLA has launched this challenge with Julia Lamb, a 25-year old B.C. woman who has Spinal Muscular Atrophy.

We believe that grievously and irremediably ill Canadians who are suffering unbearably should have the right to choose a dignified and peaceful death. This right was confirmed by the Supreme Court of Canada last year in the BCCLA’s groundbreaking Carter v. Canada case, but the federal government’s new bill leaves many seriously ill Canadians, like Julia and Robyn, behind. They have no choice but to go back to court to fight for a right they have already won. As we always have, the BCCLA will stand with them.

Latest Update:

With Julia as our remaining plaintiff, BCCLA lawyers are working to bring the case to court as soon as possible.

About the case banner

After a four-year legal struggle, on February 6, 2015, we won a historic victory on behalf of all Canadians in Carter v. Canada, when the Supreme Court of Canada unanimously ruled to strike down the laws criminalizing physician-assisted dying. After the government requested an extension, the Supreme Court delayed the effect of its ruling until June 6, 2016.

Now, the federal government has passed a restrictive law that violates the rights of suffering Canadians.

The law restricts medical assistance in dying only to those Canadians whose illness is terminal and who are near death.

This flies in the face of the Carter decision. The Supreme Court directed that medical assistance in dying should be available to clearly consenting, competent adults with “grievous and irremediable” medical conditions which cause enduring, intolerable suffering.

The new federal law will trap many Canadians in unbearable suffering. Canadians with diseases like spinal muscular atrophy, multiple sclerosis, spinal stenosis, locked‑in syndrome, traumatic spinal injury, Parkinson’s disease and Huntingdon’s disease will not be eligible for medical assistance in dying under the new law.

The federal government has left Julia, Robyn, and other seriously ill Canadians with no choice but to go back to court to fight for a right they already won.  As we have for more than two decades, the BCCLA will stand with them.

The same legal team that won the Carter case is working with the BCCLA to protect Julia’s rights and the rights of all Canadians: Joseph Arvay, Q.C and Alison Latimer of Farris, Vaughn, Wills & Murphy LLP and Sheila Tucker of Shapray Cramer Fitterman Lamer LLP.

Our incredible pro bono lawyer team is working for free, but we still need to raise funds for a whole range of legal costs.

Donate online or call Jennifer MacNeil at 604-630-9757 to make a donation over the phone.

You are also welcome to send a cheque or donation card to:

306-268 Keefer Street
Vancouver, BC
V6A 1X5

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Julia Lamb

Julia Lamb is a 25-year old B.C. woman who has Spinal Muscular Atrophy (“SMA”), Type 2, a hereditary disease that causes weakness and wasting of the voluntary muscles. It is a progressive degenerative disease with no known cure or effective treatment.

Julia is free-spirited, creative and independent. She has a fulfilling job as a marketing assistant for a fashion company and a close network of friends and family. However, Julia must rely on her home care aides for assistance with all her daily living activities, including bathing, dressing, using the washroom and preparing meals. She experiences frequent pain from muscle contractures. She suffers from falls and repeated broken bones on account of severe osteoporosis. She has breathing difficulties.

Julia is one of many Canadians who have been abandoned by the new lawIn the last couple of years, Julia has become more and more concerned about her declining health. Julia feels a shadow looming over her. She fears the worst possible version of her future – one where she suffers increased pain and discomfort, has difficulty breathing sufficiently well on her own, loses her independence and loses her ability to express herself.

Julia wants the peace of mind of knowing that if her suffering becomes intolerable, she will have the right to seek medical assistance in dying. But because she could suffer intolerably for decades without dying from her illness, the new law takes that right away from her.

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Photos of Julia Lamb for media use. Credit: Emilie Kernohan

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