Right to die with assistance from a doctor granted to Calgary man - Action News
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Calgary

Right to die with assistance from a doctor granted to Calgary man

With his wife and two children sitting in the gallery of a Calgary court room, a man who can only be identified as HW was granted the right to die with the help of a doctor.

Southern Alberta man suffering from an illness asks judge to allow him a doctor-assisted death

A Calgary judge has granted a constitutional exemption that a southern Alberta man be allowed to end his life with the help of a doctor (CBC)

With his wife and two children sitting in the gallery of a Calgary court room, a man who can only be identified as HW was granted the right to die with the help of a doctor.

Many of the details of the case including the man's illness are protected by a publication ban.

HW asked for as much court-ordered privacy as he was allowed, though Justice Sandy Park denied an application for the hearing to be held in camera.

"[HW] has as long and severe a list of difficulties as I would ever hope to see," said HW's lawyer,OlivierFuldauer.[The] "intolerable suffering test ismet in spades."

Affidavitswere filed by Fuldauerand the hearing took place Friday afternoon with Park delivering his decision right away.

It's the second time since January's Supreme Court decision that anAlbertanhas sought alegal exemptionfor doctor-assisted death.

Under Canada's current law, it is still a crime to assist another person in ending their life but two recent decisions at the Supreme Court allow exemptions if certain criteria are met.

In January, the country'shighest court granted the constitutional exemptionto those who make an application in superior court and are found to have met the criteria until new legislation is crafted in June.

Park found HW is a competent and consenting adult who meets all the tenets of the Supreme Court's criteria for a constitutional exemption, including that he have agrievous and irreversible medical condition withenduring andintolerable suffering.

Quebec passed its own separateassisted dying law, effective Dec. 10, 2015. AQuebec City woman whodied with theassistance of a doctorbecame thefirst known casein January.

Newlegislation was tabled onThursdaybut the bill will be further studied before it's debated in the House of Commons.

The law must be in place byJune 6.