Evidence of meeting #27 for Medical Assistance in Dying in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was disability.
A video is available from Parliament.
10:10 a.m.
The Joint Chair Hon. Yonah Martin
Thank you very much.
Once again, thank you to all of our witnesses as we continue our study of this very important topic.
I will begin with Mr. Cooper for the first five minutes.
10:10 a.m.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
Thank you, Madam Co-chair.
To Alicia and Christie Duncan—whoever wishes to answer—you mentioned in your testimony that you've not been able to access the MAID records of your mother's case.
Can you tell us more about that?
10:10 a.m.
As an Individual
I can answer that question.
I submitted a freedom of information request for my mother's assessment, and I'll read to you their response.
They subjectively decided that I was not acting on my mother's behalf and they stated, “When an applicant is not clearly acting on behalf of the deceased, we must treat the request as an ordinary request by one individual for another person's information.”
They continued to go on and say that—
10:10 a.m.
Conservative
10:10 a.m.
As an Individual
This is from Fraser Health.
As the executor of my mother's estate, I have a legal right to her medical records. I requested her documentation for MAID, and they've denied me. They've subjectively decided that I am not acting in my mother's benefit. I'm trying to ensure that the safeguards were followed and I don't even know if she applied under track one or track two because I can't gain any information on this.
The police were also denied this information.
10:10 a.m.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
The police were denied this information? You've got to be....
Can you elaborate on that and what the status of the investigation is? That just seems incredible.
10:10 a.m.
As an Individual
Currently the police investigation is concluded pending further information. The police did state to us that they were stonewalled by all of the organizations and Fraser Health. They went to the privacy commissioner requesting this information. They were not provided this information.
10:10 a.m.
Conservative
10:10 a.m.
As an Individual
Access to my mom's medical assessments and communication regarding her MAID assessment. They advised us that they would need a production order to access this information. However, they weren't able to gain enough information to be able to write a production order. They basically said they were stonewalled and not able to get what they needed for their investigation.
10:10 a.m.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
They didn't have enough information to get a production order because they were being stonewalled.
In essence, they were going in a circle, basically.
10:10 a.m.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
Can you elaborate on some of those efforts to thwart the investigation and who was involved in thwarting the investigation? It smells of a cover-up.
10:15 a.m.
As an Individual
If there was no negligence, then it would be in their benefit to release this documentation. So far, they have not, which makes me feel the same way. It smells like a cover-up to me.
I do have the police report in front of me. I can read out exactly what....
10:15 a.m.
Conservative
10:15 a.m.
As an Individual
While my sister's looking this up, I'd like to add that it's the Abbotsford Police Department that's been investigating my mother's death, and they have said to us that should we find any other information that would allow them to reopen this case, they'd be more than happy to do so. However, as we mentioned, we've been stonewalled, and with zero access to any additional information, they can't continue the investigation.
10:15 a.m.
As an Individual
I have the concluding remarks here from Monday, August 29, 2022, at 14:39.
“After a full investigation into the matter of MAID in their role in assisting Duncan at the end of her life, investigators could not find any criminality on the part of MAID that was contrary to the Criminal Code of Canada.
“After reviewing all the materials and procedures from Duncan's doctors' hospital records, Fraser Health and MAID involvement with Duncan at the end of her life, police learned that Duncan was of clear operating mind, based on several medical opinions, including Duncan's family doctor, and that she was capable and able to make her own decision throughout the process with MAID.
“Detective Poulin was unable to find any grounds to support the allegation by Duncan's daughters that MAID went outside of the Criminal Code, causing Duncan to end her life against her will.”
However, what they said to us in person was that they were not able to find any grounds to support the allegation because they were not given the documentation.
10:15 a.m.
The Joint Chair Hon. Yonah Martin
Thank you very much.
Monsieur Arseneault, you have five minutes.
10:15 a.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
Thank you, Madam Chair.
Thank you to all our witnesses.
This is a very difficult subject for members of the committee. That's why I'm very pleased to have you, the witnesses, here with us to help us think things through.
I will begin with the Duncan sisters. In your case, it's an extremely cruel circumstance and you're experiencing a lot of frustration.
From the outset, I understood that you were not opposed to medical assistance in dying, but that your situation was a specific one. You explained that your mother was a brilliant person who had worked in this field. As a result of her professional experience she was able to say exactly what someone analyzing her request for medical assistance in dying needed to hear.
I don't want to be rude. I hope the interpreter will be able to accurately summarize what I'm about to say. If I have properly understood what you told us, she had the same family doctor for 20 years. He refused to give her medical assistance in dying and your mother did some successful "shopping around", meaning that she went to seek assistance elsewhere. Is that right?
You mentioned all kinds of safety measures or safeguards and I'd like to thank you for that. However, for someone like me who comes from a rural area, safeguards ought not to impede anyone who appropriately asks for medical assistance in dying. In fact, overly rigorous or strict safeguards more suitable to urban areas could mean that someone in a remote region would be unable to obtain medical assistance in dying.
Am I right to suggest that one of the first safeguards for someone requesting medical assistance in dying should be for the team to consult the family doctor first?
Either one of you can answer.
10:15 a.m.
As an Individual
My sister and I do believe that one of the major contributing factors in my mother's passing was that there was no continuity of care. Each assessment was done by a different psychiatrist. We've now noted that at one point in her medical records, she was diagnosed with psychosomatic disorder. At that point, my mother's partner took control of her medications. My mother immediately called for another assessment. She knew all of the things to say to have that taken back so she could continue on.
She was very unwell and—
10:20 a.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
Excuse me for interrupting, but I don't have very much time.
Do you know whether this psychiatrist consulted your mother's family doctor's notes? Do you know the answer to that, yes or no?
10:20 a.m.
As an Individual
Yes, I do believe that the first psychiatrist did call the general practitioner and they had a discussion regarding that. They both had concerns for my mom's mental health.
Another thing to note is that they all worked together in a professional manner as well. They knew my mom from a professional standpoint, as well as having a person-doctor relationship, so they could see her deterioration. They both have said—it's documented in her medical records—that they did not believe she should go through with MAID.