Challenge to medically assisted dying laws begins in Quebec court

Two Montrealerswith degenerative diseases started their fight Mondayfor improved access to Quebec and Canada's doctor-assisted dying laws.

Jean Truchon, 49, and Nicole Gladu, 73,suffer from serious health problems that cause persistent and intolerable suffering, according to their lawyer, Jean-PierreMnard.

Both the federal and provincial laws sayonly people who are facing foreseeable death can receive aid to die. Truchon and GladuargueCanada and Quebec's laws aretoo narrow in their criteria and run counter to their Charter rights.

Speaking outside the courtroom Monday,Gladusaid the law is too vague.

"'Reasonably foreseeable' it's like an elastic.It's very subjective,"Gladusaid."As such, it's not very reliable to decide if somebody is admissible to medical aid in dying."

The legal team for the federal government is arguingthe concept of limitingmedical aid in dying to people whose death is "reasonably foreseeable"is a safeguard to prevent vulnerable people who are seriously ill but not near death from using the law as a way to get help in committing suicide.

Gordon Friesen, who uses a wheelchair,watched the case unfold in the Montreal courtroom Monday. He said the federal government's provision is a kind of"life vest" that protects people like him.

"If this criteria of close-to-the-end of foreseeable, natural end of life is taken away, then you have put the entire handicapped and chronically ill population in harm's way," Friesen said.

• Doctors frustrated with lack of clarity for medically assisted dying practices in Canada

The court case, before Quebec Superior Court Justice Christine Baudouin,is expected to lastseveral weeks.

Federal and provincial lawyers have called 10 expert witnesses, andMnardsaid he is presenting three.

"The federal [side] is going all outin its defence of our challenge, so we're going to work hard to target it,"Mnardtold Radio-Canada.

The judge's eventual ruling could alter how the laws are applied in the province, across the countryand,Mnardhopes, could improve access to assisted death by broadening the criteria.

He wants the federal law to reflect the criteria outlined by the Supreme Court in the landmark 2015 Carter decision, in which the high court ruled unanimouslythat people with "a grievous and irremediablemedical condition"should have the right to ask a doctor to help them die.

The Supreme Court justices did not say that right should depend on how close a person isto a natural death, Mnard said.

• 2 Montrealers with degenerative diseases challenge medically assisted dying law

PartiQubcoisMNAVroniqueHivon, whohelped usher in Quebec's law on physician-assisted death,said she felt "shock andsadness" over the court case.

"These two citizens are very ill, are suffering greatly, andhave to carry all the stress of this caseon their shoulders,"shesaid.