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Why an Ontario couple is leading a court battle to change MAID in B.C.

The O'Neills seek to end policies allowing faith-based facilities to refuse medical assistance in dying, citing their daughter’s painful transfer and sedation before death in 2023.

  • On Jan. 13, 2026, Gaye and Jim O'Neill, Ontario couple and plaintiffs, joined a Charter challenge before the B.C. Supreme Court seeking to end so-called 'forced transfers' in medical assistance in dying .
  • Sam O'Neill, who was diagnosed roughly a year before her death, died with medical assistance at age 34 after her condition worsened in March–April 2023.
  • Family members say Sam O'Neill's final hours were agonizing as transfer logistics impeded goodbyes; Gaye and Jim O'Neill recall finding her on a commode wrapped in a sheet, heavily sedated for the transfer to St. Paul’s Hospital and not waking again.
  • Because Providence does not permit MAID in its hospitals, Sam was transferred to St. John Hospice, Vancouver, where MAID is allowed in a room run by Vancouver Coastal Health Authority.
  • University of Ottawa law professor Daphne Gilbert recruited the family, and supported by Dying With Dignity Canada and Dr. Jyothi Jayaraman, the case challenges whether institutions share Charter freedom-of-religion rights and may reach the Supreme Court of Canada.
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Why an Ontario couple is leading a court battle to change MAID in B.C.

Gaye and Jim O'Neill have spend countless hours thinking about their daughter's final hours in April 2023.

·Kelowna, Canada
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·Sechelt, Canada
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City News broke the news in Toronto, Canada on Tuesday, January 13, 2026.
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