BC Humanists granted leave to intervene in MAiD at St Paul's case

The BC Humanist Association will be going to the Supreme Court of British Columbia to bring the perspectives of the non-religious and the importance of the duty of religious neutrality in a case that's challenging the refusal of St Paul's Hospital to provide medical assistance in dying (MAID) on site.

In BC, religious hospitals like St Paul's have been permitted to refuse to provide medical procedures that violate their organizational viewpoints. This required Sam O'Neill undergo a sedated transfer to access MAID in 2023. Her family, together with Dying With Dignity Canada, is now suing the Government of BC, Providence Healthcare and Vancouver Coastal Health.

With our interest in religious neutrality and access to medical assistance in dying, the BCHA applied for leave to intervene.

"We're delighted to be able to bring our arguments before the court in this important case," said BCHA Executive Director Ian Bushfield. "We've long argued that the public should not be funding healthcare institutions that refuse to provide legal medical treatments."

The BCHA intends to raise arguments about the government's duty of religious neutrality and its applicability to publicly funded service-providers.

In his ruling on the intervention applications, Justice Skolrood writes,

I am satisfied that each of the [Canadian Civil Liberties Association] and BCHA satisfy the criteria for the granting of intervenor status. Both have an established history of engaging with the issues raised by the pleadings, including by way of interventions in relevant court proceedings, and each brings to bear a unique and different perspective that will assist the Court in determining the issues raised by the parties.

The Chief Justice also granted leave to five religious organizations: Canadian Centre for Christian Charities, Canadian Physicians for Life, Christian Legal Fellowship, Delta Hospice Society and the Evangelical Fellowship of Canada. Although he cautioned them to ensure they do not replicate one another's arguments.

The Canadian Constitution Foundation's application was denied as being "an unwarranted and impermissible expansion of the litigation beyond the scope framed by the parties."

All interveners are permitted to submit a 10 page factum and oral submissions at the discretion of the trial judge.