Julia Lamb of Chilliwack suffers from spinal muscular atrophy and has been confined to a wheelchair since age six.
Despite that, she is a remarkable young woman at 26 who said she has led a good life.
But she can鈥檛 ignore the progression of her disease and is left wondering if elements of Canada鈥檚 new assisted-dying law will be a roadblock to her making a final decision down the road if her pain becomes too much.
Last year the BC Civil Liberties Association (BCCLA) filed a constitutional challenge on behalf of Lamb and Robyn Moro, 68, a Delta woman suffering from Parkinson鈥檚 disease, to strike down an element of Bill C-14, which requires individuals to be near a 鈥渞easonably foreseeable death鈥� to qualify for medically assisted dying.
Moro died on Aug. 31 with the assistance of a doctor, leaving Lamb as the sole plaintiff.
But on Wednesday, the B.C. Supreme Court decided against the BCCLA鈥檚 request to stop the federal government from essentially re-arguing important elements already decided by the court in Carter v. Canada.
Decision means trial will be longer & more people will spend more time trapped in intolerable suffering.
鈥� BC Civil Liberties (@bccla)
鈥淭he downside of this decision is that the trial of our case may take longer,鈥� said BCCLA鈥檚 acting litigation director Caily DiPuma in a statement issued Oct. 11. 鈥淎nd that means that more people will spend more time trapped in intolerable suffering under a law that unjustly restricts access to medically assisted death.鈥�
The decision Wednesday, however, only lengthens a case the BCCLA was hoping to speed up.
鈥淲e succeeded in defeating the government鈥檚 arguments in the Carter case and we will succeed in defeating them the second time around,鈥� DiPuma said.
BCCLA鈥檚 landmark Carter decision moved the government to introduce Bill C- 14, the assisted dying act. Flaws in that led to Lamb and the BCCLA challenging the constitutionality of the requirement that death be 鈥渞easonably forseeable.鈥�
鈥淢any critically ill Canadians are suffering unbearably as they wait for yet another trial of Canada鈥檚 assisted dying laws,鈥� BCCLA counsel Jay Aubrey said. 鈥淭he only reason we are having this trial is that Canada鈥檚 government enacted a law that is unjustly restrictive and cruel.鈥�
The BCCLA launched Lamb v. Canada and Lamb herself addressed a press conference in June 2016 to talk about the court challenge, and to talk about her personal experiences with spinal muscular atrophy.
鈥淚 live a great life and I鈥檓 very happy. And I do not want to die right now,鈥� she said, adding that she wants options down the road.
鈥淚 am terrified that I could be trapped in a state of physical and mental suffering that could last for months, years or even decades. Having to think about this future causes me immense physical distress.鈥�
Not everyone is on board with the BCCLA鈥檚 fight and the right-to-die movement. The Council of Canadians with Disabilities says the conversation around end-of-life practices ignores the point of view of disability rights advocates.
The organization created a campaign against euthanasia, .
paul.henderson@theprogress.com
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