Right-To-Die Debate: B.C. Court Hears Euthanasia Case

Hospital Bed

First Posted: 11/14/11 03:04 PM ET Updated: 11/14/11 06:05 PM ET

VANCOUVER - The legal review of Canada's assisted suicide laws came too late for a British Columbia man who suffered from a terminal illness and hoped to end his life "with peace and dignity."

In an affidavit sworn earlier this year for the assisted-suicide lawsuit that began Monday in B.C. Supreme Court, Peter Fenker made the emotional plea to be allowed to end his life with a doctor's help.

Instead, he died in hospital two weeks ago after what his wife, Grace, called four horror-filled days of watching her husband suffer.

"I will never forget the pleading look in his eyes as he asked me to help him and there was nothing I could do," she wrote in an affidavit read by Joe Arvay, a lawyer for the B.C. Civil Liberties Association.

Lou Gehrig's disease, or ALS, turned Fenker, 71, from a strong and healthy former logger into a withered shell of a man in just three years, the affidavit said.

He deteriorated to the point where he couldn't even turn the page on a newspaper.

"I feel like I have turned into a blob with useless limbs," he said in his affidavit.

"I would like my life to end in a dignified way, with the help of a doctor, and in a way that is not painful for my family."

The Civil Liberties Association is one of five plaintiffs in the controversial case that includes Gloria Taylor, 63, arguing against laws that make it a criminal offence to help seriously ill people end their lives.

Taylor also suffers from Lou Gehrig's disease, an incurable illness that gradually weakens and degenerates muscles to the point of paralysis. The case was fast-tracked because of her deteriorating condition.

Arvay said Fenker and Taylor were friends who met in an ALS support group that Taylor founded.

"We hope by this lawsuit to allow Gloria Taylor to avoid Peter's fate and horrible end and to give her the option of a physician-assisted death at a time if and when her suffering becomes intolerable to her," Arvay told Judge Lynn Smith.

Federal government lawyer Donnaree Nygard told the court that the issue is very emotional and that the stories are heart wrenching, but the potential harm of striking down the law is irreversible and would put the elderly, the depressed and the disabled at risk.

"No system of safeguards can ensure that the apprehended harms of allowing assisted suicide, or euthanasia, including the wrongful deaths of vulnerable individuals, will not materialize," she told the judge.

Outside the court, about two dozen people against assisted suicide hung effigies to represent people who could be victimized if the laws were struck down.

John Coppard, who's recovering from brain cancer, said a new drug saved his life.

He said giving people an option of assisted suicide would be a mistake and the current laws exist to protect Canadians.

"I'm out here because I'm really concerned about what's going on inside there," he said.

"I qualify under what they're proposing in there. I think they're playing with my life. I'm really concerned because I've been through rough points, like a lot of people with what I have."

Coppard said he worries that legalizing assisted suicide would make it too easy for people — including doctors — to give up the fight for health and take a fast exit out of life.

"I just bought a boat. I plan on sticking around for a while and I really hope Gloria Taylor does too."

Arvay told reporters outside the court that since the Supreme Court of Canada upheld the current law in the Rodriguez case in 1993, much has changed.

Other jurisdictions such as Oregon, Washington and Belgium have adopted laws to permit assisted suicide while guarding against people being influenced or pushed into planning their own deaths, Arvay said.

But Dr. Will Johnston, a Vancouver physician who is a spokesman for the B.C. chapter of the Euthanasia Prevention Coalition of Canada, said it's not clear whether those safeguards are working.

Johnston, who attended Monday's protest, said there is no requirement for a witness to be present at an assisted death in Oregon.

"We have no idea how many of the deaths in Oregon are truly voluntary. People change their mind all the time," he said.

"We have jurisdictions like Holland where an official government report has documented literally thousands of deaths where there is no evidence that guidelines were followed or that there was any formal request for assisted suicide."

He noted that Scotland and Australia have gone through the same examination of their laws as Canada is now doing and have rejected enabling assisted suicide.

He cautioned the court against "allowing ourselves to be completely ruled by empathy and compassion for one or two poster cases or poster illnesses."

FOLLOW HUFFPOST CANADA

Filed by Ron Nurwisah  | 
 
 
  • Comments
  • 7
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
01:24 PM on 11/17/2011
Only wealthy Canadians, who are suffering from incurable and debilitating diseases, have the luxury of choice to end their lives. They are the ones who are able to afford go to Switzerland, the Netherlands or Oregon to end their agony on their own terms. Those who are not as financially well off are forced to stay in Canada and suffer unimaginable pain.

Legally assisted suicide is not intended for people who are mentally ill, those on life support who are sleeping comfortably and have a hope of recovery or senior citizens with advanced dementia. It's for those patients who are in excruciating pain where their physiological condition has no chance of being resolved. No amount of praying, meditation or medicinal marijuana is going to help them...

When you've been given a death sentence from a health standpoint with no (zero) chance of "parole" and you want to be permitted a peaceful exit you should have alternatives here in your own country.

Here is a link to some informative articles at Radio Netherlands Worldwide.
http://www.rnw.nl/english/category/tags-english/euthanasia
photo
HUFFPOST SUPER USER
YrthWyndAndFyre
Graviora manent
01:56 PM on 11/15/2011
I guess I'm a little unclear on the logic here. Somehow it's OK that this person was required by law to endure four days of torture ending in death, because what? There was a remote chance that a drug that would have miraculously cured him would have been discovered, developed, tested, and approved for use *within that four days*?

Talk about deus ex machina. Torturous death is fine, because there is a very remote chance that it might be averted at the very last second by a miracle. Make no mistake, even if a drug that would have absolutely cured him was discovered in that four days, there is no way it could have been used to save his life. We have laws that guarantee it - in order to protect people from the misuse of *experimental drugs*.

If it's misuse of the right to die that concerns people, then simply require that the request to die be approved by a judge, a medical doctor not already involved in the person's case, and a psychiatrist. If one of each can be found that will sign off on the request, then the person gets their wish.

Anything less that that is not some kind of 'sacred concern for life'. It is nothing more than a morbid refusal to grant a human being the mercy that we would grant ANY BEAST without hesitation.
This user has chosen to opt out of the Badges program
photo
10:20 PM on 11/14/2011
What's the problem with youth in asia?
photo
Mastiff
Via ovicipitum dura est.
01:22 PM on 11/15/2011
/facepalm.

Yeah, I had to fave that, but I'm not proud of it...
This user has chosen to opt out of the Badges program
photo
02:42 PM on 11/15/2011
lol
10:11 PM on 11/14/2011
Everyone should have the basic right to choose their own fate. The argument that it might lead to abuse of the elderly is as ridiculous as saying that we should stop prescribing medicine for the fear of the side effects. If the society tries to protect the elderly from being killed for the money by their own sons and daughter, then that society has to address bigger problems first.
The pro life argument belongs to the idiots so I let them speak to a hair dryer.
HUFFPOST SUPER USER
nanaofmysky
Adopt from a rescue or shelter.
05:27 PM on 11/14/2011
Everyone has a right to die with dignity. When there is no hope AT ALL then you me or anyone else should be able to choose when to end their lives.