A Manitoba court has granted a patient the first physician-assisted death in the province.
Judge Glenn Joyal made the decision Tuesday afternoon.
The court also granted the applicant a confidentiality order meaning the patient’s age, gender and prognosis will not be made public.
“My decision to seek a physician assisted death is borne out of the physical pain I am suffering and the intolerable effects of my diseases on my overall quality of life,” the applicant said in a statement.
“I want a physician assisted death and I am completely at ease with this decision.”
No one listed in the case, including physicians, the Winnipeg Regional Health Authority, or the Attorney General, opposed the applicant's request.
“The WRHA will cooperate with the decision of the court and will provide the best possible care to support the patient and their family, during this process,” the WRHA said in a statement.
“The WRHA has put together a group of professionals including a number of physicians and providers from other disciplines to support the patient, the family, and each other through the provision of this service. Decisions such as these will be made on a case-by-case basis and, as such, no formal policies have been established at this time.”
Lawyer John Myers represents the patient, along with Legal Aid Manitoba and Public Interest Law Centre.
Myers told a Winnipeg courtroom Tuesday, the patient has been under "tremendous stress and anxiety to deal with a constitutional right."
An Albertan and patient from Ontario have already won the right to a physician assisted death this year.
The Manitoba case is the fourth time a court has granted the right for a patient to die in 2016
All were anonymous.
Myers said his client is "deteriorating quickly", and asks for "privacy to die with dignity, in the presence of family and to die in peace."
Lawyer Allison Fenske said the patient only has one month to live and the patient's illness is terminal. She said the patient's spouse has watched the applicant suffer.
“I and my family deeply appreciate that the decision of my spouse will also help to relieve our emotional burden, having watched my spouse suffer enormous pain and watched as their quality of life has rapidly deteriorated,” the applicant’s spouse said in a statement.
Myers said his client wants physicians involved to remain anonymous, concerned that "health care providers may refuse to participate" in the death.
Myers told the court the patient in question has two diseases. With the first disease, Myers said there is a very small population in Manitoba that has this disease.
He said the patient has a second disease that is even more acute.
Fenske said the applicant is a competent adult who has clearly consented to the termination of life.
She said there is no treatment for the patient's first disease. She said there is nothing that would alleviate the patient's suffering from the second disease.
Myers said the privacy of the patient is at risk because there is an even smaller percentage of people in Manitoba that would have both diseases. Myers said there is a community where the patient lives that may know about the first diagnosis.
Judge Glenn Joyal questioned Myers on reasons to keep the patient's identity and diagnosis anonymous.
Joyal said the case and the circumstances surrounding it enter "unchartered waters" and "raises difficult questions". He called the case an "important matter of public interest."
The Winnipeg Regional Health Authority told the court it has developed a practice guideline on how to carry out the death. The health authority added it has a clinical team who can provide the service.
Myers told the court the patient will remain in control of the final decision to end his or her own life. Myers said both the doctor and the patient must provide consent to proceed.
Last year, the Supreme Court of Canada struck down laws barring doctors from helping someone die, but then put the ruling on hold.
In the meantime, patients wanting a physician-assisted death can apply for an exemption.
Physician-assisted death remains illegal until June 6, 2016.