Doctor assisted death would 'avoid intolerable pain' says N.L. cancer patient

A Newfoundland and Labrador man isasking the province'sSupreme Court to allow a doctor tohelp him end his life.

Court documents filed Friday say the 66-year-old St. John'sman is in the last stages of prostate cancer. Hisapplication is scheduled to be heard in the Supreme Court of Newfoundland on Tuesday.

• Terminally ill St. John's man applying for province's 1st doctor-assisted death

The documents filed by the man's lawyer Kyle Rees say the man wants to die at time of his own choosingin a way that minimizes his suffering.

I do not want to decline and slowly die with increasing symptoms and pain.- Applicant's affidavit

"I am aware of the process of dying from cancer," says the applicant in an affidavit.

"I do not want to decline and slowly die with increasing symptoms and pain. I am happy with the life I have lived, and want control over the end of my life."

But in order for this to happen, the man,who's spouse is deceased,needs the help of a doctor.

Seeking a Declaratory Order

The 66-year-old is asking the court to determine that he is eligible for this assistance. He wants a DeclaratoryOrder from the court sayingthat he meets the criteria established by the Supreme Court of Canada in the 2015 Carter decision.

Canada's Senate is currentlylooking at proposednew federal legislation on physician-assisted death and suggestingamendments.

Rees said his client's applicationis necessarybecause there is currently no federal legislativesolution in place and an a four-month interim remedyput in place by the Supreme Court of Canadaexpired in earlyJune.

Two physicians,whose names are protected by a court-ordered publication ban,have agreed to help the man end his life.

However, court documents say the man's doctorswill not help him until the court makes a DeclaratoryOrder.

Last Thursday, the Director of Public Prosecutions for Newfoundland and Labradorreleaseda directive saying physicians and pharmacists won't be prosecuted for helping a patient die if thepatient meetsthe criteria established in the Carter decision.

The cancer patient saidin his affidavit that if his application is successful, the doctor"will follow the Quebec Protocol, which relies on a combination of medications to induce death."

He also saidthat he wants to die at his home in St. John'swith some family, friends and the assisting physician present.