Patient seeking N.L.'s 1st doctor-assisted death expects it may happen soon - Action News
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Patient seeking N.L.'s 1st doctor-assisted death expects it may happen soon

Due to federal legislation that approves doctor-assisted death in Canada, a Supreme Court request for assisted death has been withdrawn by the man's lawyer.
Kyle Rees is a St. John's lawyer representing a 66-year-old man who wanted to die with the help of a doctor. (CBC)

The lawyer for a terminally ill St. John's man who was seeking a court order for doctor-assisted death says his client may soon get the help he needs.

Lawyer Kyle Rees says new law that was passed by the Canadian parliament last week clears the way for his client to receive a medically-assisted death.

Rees saidhewithdrewhis application to the Supreme Court of Newfoundland and Labrador, because the court's approvalis no longer needed.

"It changes (my application) completely," Rees explained on Wednesday. "That application became null and void, because loand behold there was a law in place."

No decision needed

The 66-year-old cancer patienthadapplied for aDeclaratory Order from the Supreme Courtstating that helping himdie would not be illegal.

Court documents said two doctors had agreed to help the man end his life, but would not to do without a clear declaration.

Rees said there was some ambiguity in the Supreme Court of Canada's decision which struck down laws against assisted death on whether a court order was required each time.

But he saidBill C-14,that was passed by parliament last week, does not require a court order for each case.So on Wednesday, Rees withdrew his application to the court.

'Best possible outcome'

Rees saidthe ratification of Bill C-14 caught him and his client off guard, but is a great result for the terminally-ill man.

"This is in some sense the best outcome possible for my client," Rees said.

"It means that he's clear to proceed with a medically assisted death without any further requirement to apply back to court."

Rees saidhis client satisfies all the requirements under Bill C-14, even though he says the law is more restrictive than the Supreme Court's original instructions.

In particular, he saidhe expects the new requirement that a person's natural death be "reasonably foreseeable" before a medically-assisted death can take place will be challenged.

"There's going to need to be some degree of definition or pronouncement from the court on that new criteria," he said.