A judge ruled Monday that preventing a Calgary woman with autism from obtaining medically-assisted suicide (MAID) would cause her irreparable harm.

Justice Colin Feasby ordered an injunction stopping the woman from ending her life be lifted.

The woman’s father previously asked a judge to block her doctor-assisted suicide.

“Feasby said his decision will be stayed for 30 days so lawyers for the father of the woman, identified only as MV, can decide whether to file an appeal,” the Calgary Herald reports.

From the Calgary Herald:

The Calgary Court of King’s Bench judge said he had to weigh the potential harm an injunction would cause the 27-year-old woman, who has autism, against the harm her parents would suffer if the injunction was lifted.

“The harm to MV if an injunction is granted goes to the core of her being,” Feasby said in his written ruling.

“An injunction would deny MV the right to choose between living or dying with dignity. Further, an injunction would put MV in a position where she would be forced to choose between living a life she has decided is intolerable and ending her life without medical assistance.

“This is a terrible choice that should not be forced on MV, as attempting to end her life without medical assistance would put her at increased risk of pain, suffering and lasting injury.”

The Post Millennial noted:

The judge said he could empathize with MV’s parents wanting to keep their daughter alive.

However Trudeau Health Minister Mark Holland (L-Ajax) announced Monday that mental health will inevitably be a justification for granting euthanasia in Canada.

“Is your intention to still move ahead with MAiD for mental illness, just within a longer timeframe?” a reporter asked.

“That’s correct,” Holland replied at a news conference.

“There are people who have, for decades, been trapped in mental torture, being in a horrific situation where they have tried everything and exhausted all avenues and under their own recognisance are saying that they want access to MAID,” he continued.

According to Feasby’s summary of her father’s position, he believes MV “is vulnerable and is not competent to make the decision to take her own life.”

“He says that she is generally healthy and believes that her physical symptoms, to the extent that she has any, result from undiagnosed psychological conditions,” CBC reports.

The outlet said MV’s only known diagnoses described in court earlier this month are autism and ADHD.

CBC reports:

On March 11, when M.V.’s lawyers asked the judge to set aside the interim injunction, W.V.’s counsel asked for the injunction to continue and for a judicial review to be ordered that would examine how the daughter obtained MAID approval.

Currently, two doctors or nurse practitioners have to approve a patient for MAID.

Feasby heard that two doctors were initially approached by M.V. One agreed to sign off on approving her for MAID, the other denied the application.

A third “tie-breaker” doctor, as described by lawyers for Alberta Health Services, was then offered to M.V.

Her father took issue with the third doctor who signed off on M.V.’s MAID approval “because he was not independent or objective.”

At the March 11 hearing, Sarah Miller, counsel for the father, called the situation “a novel issue for Alberta” because the province operates a system where there is no appeal process and no means of reviewing a person’s MAID approval.

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