A man with terminal brain cancer will ask a Toronto judge on Wednesday for an assurance that no one who helps him end his life will be prosecuted. It is the first known case of its kind after a Supreme Court-mandated process for physician-assisted dying expired earlier this month.
The man, known as O.P. in documents filed in the Ontario Superior Court of Justice, says he has three concerns: that nurses and pharmacists might be prosecuted; that his doctors could also be charged, because he is uncertain how the government will determine if his case meets the Supreme Court definition of a lawful assisted death; and that an Ontario requirement that his physician notify the Office of the Chief Coroner of his death is intrusive, and violates the man’s right to privacy.
The case is an unusual test of Superior Court judges’ inherent authority to protect the vulnerable, usually children or mentally incompetent adults.
Toronto Globe and Mail...