St. John's cancer patient who applied for MD-assisted death has died, of natural causes - Action News
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St. John's cancer patient who applied for MD-assisted death has died, of natural causes

A prostate-cancer patient who applied to Newfoundland and Labrador's Supreme Court to rule on his eligibility for a physician-assisted death has died, according to his lawyer.

Patient in mid-60s died just days after his court application was withdrawn

A prostate cancer patient who asked Newfoundland and Labrador's Supreme court to rule on his eligibility for a physician-assisted death hasdied, according to his lawyer.

St. John's lawyer Kyle Rees in court in June representing a prostate-cancer patient who wanted to die with the help of a doctor. (Mark Quinn/CBC)

The man, who wasin his mid-60s,died of "natural causes" a few days after his court application was withdrawn in late June.

Lawyer Kyle Rees said Thursdaythe man died without the assistance of a physician.

Reessaidit's"sad' that in the end his client never received the physician-assisted death he was seeking.

The St. John's man's application was made after an earlier court ruling struck down parts of the Criminal Code regarding medically assisted suicide.

The cancer patienthadapplied for a declaratory order from the Supreme Courtstating that helping himdie would not be illegal.

Court documents said two doctors had agreed to help the man end his life, but would not to do without a clear declaration.

Rees said there was some ambiguity in the Supreme Court of Canada's decision which struck down laws against assisted death on whether a court order was required each time.

The application was heard in court but a new federal medically-assisted dying legislation wasadopted before a judge gave his decision.

Rees said Bill C-14, whichwas passed by parliament in June, does not require a court order for each case.So,on June 22, hewithdrew his application to the court.

Rees saidthe new legislationis more restrictive than the Supreme Court's original instructions.

In particular, he saidhe expects the new requirement that a person's natural death be "reasonably foreseeable" before a medically-assisted death can take place will be challenged.

"There's going to need to be some degree of definition or pronouncement from the court on that new criteria,"said Rees.