The applicant, an almost 80-year-old woman suffering from severe osteoarthritis and intolerable pain, sought a court declaration to confirm her eligibility for medical assistance in dying (MAID) under s. 241.2(2)(d) of the Criminal Code, specifically that her natural death was "reasonably foreseeable." Two physicians had assessed her as eligible, but one declined to proceed due to fear of criminal charges given conflicting medical opinions on "reasonable foreseeability." The Attorneys General of Canada and Ontario opposed the declaration, arguing it was unnecessary, interfered with prosecutorial discretion, and that MAID eligibility was for medical professionals, not courts.
The court found the application misconceived as a constitutional challenge but recognized a live controversy regarding statutory interpretation.
The court declined to grant a declaration of eligibility or immunity but issued an interpretative declaration that, based on the evidence, the applicant's natural death was reasonably foreseeable within the meaning of the Criminal Code, aiming to clarify the statute for medical practitioners without interfering with prosecutorial discretion.
