Quebec court orders hospital to keep woman on life support so she can die in Nigeria
A Quebec court ordered a Montreal hospital in April to keep a woman on life support to give her husband the chance to arrange for her to be sent home to die in Nigeria, documents show.
McGill University Health Centre sought permission earlier this year to stop all the 42-year-old woman's treatments and give her palliative care after concluding she had no chance of neurological recovery.
Her husband opposed the change, asking the hospital to keep his wife alive long enough for her to be transferred home to Nigeria at the end of their children's school year.
Superior Court Justice Florence Lucas sided with the husband, writing that the advantages of the hospital's plan did not outweigh the rights of the woman, described as Mrs. S, to die in her home country.
"In the end, the court concludes that the beneficial effects of the care plan do not outweigh Mrs. S.'s fundamental rights to live, to be cared for and ultimately, to pass away in her country," the judge wrote in a decision dated April 18 that was recently published online.
"Given the exceptional circumstances of this case, the applicants' demand for care must be dismissed."
The court documents say the Nigerian-born lawyer moved to Montreal with her two children for graduate school in 2021, and had no health concerns until she suddenly took ill and collapsed in a hospital emergency room in July 2023. The document says she experienced "a prolonged cardiorespiratory arrest, requiring resuscitation, and reanimation achieved after a prolonged period of time."
Her husband, who flew from Nigeria to be at her side, argued that his wife did not have family in Quebec, that she hadn't planned to stay there and that she would have wanted to return to Nigeria if given the choice.
The plaintiffs -- the hospital and a doctor -- argued repatriation was against the patient's best interest, would likely cost the husband more than $150,000 and that "some might argue that, in the meantime, another patient is being deprived of a place and care in hospital," according to the decision.
They said their plan to remove life support and administer palliative care as soon as possible was the best one to alleviate pain and suffering.
Lucas, however, concluded the hospital's plan "denies Mrs. S. rights of liberty, autonomy and dignity" by depriving her the ability to return to her country. The judge also found the husband had taken all the necessary steps to complete the transfer while ensuring the children, who are in elementary and high school, could finish their school year.
The judge also noted there appeared to be "no emergency" when it came to removing life support, noting the patient had been stable for eight months and did not show any real signs of suffering, "considering her minimally conscious state."
According to the court document, the transfer had been scheduled for June 28, but lawyers who were listed as representing the hospital and the husband could not be reached on Tuesday to answer a question about whether it took place.
- This report by The Canadian Press was first published on July 16, 2024.
CTVNews.ca Top Stories
Jewish Federation of Ottawa and uOttawa host separate Pride events amid Capital Pride controversy
The Jewish Federation of Ottawa and the University of Ottawa were among dozens of organizations who held their own Pride celebrations after choosing to withdraw from events organized by Capital Pride on Sunday.
Walz's exit from Minnesota National Guard left openings for critics to pounce on his military record
John Kolb, a retired Minnesota National Guard colonel, knew Tim Walz by reputation as an 'excellent leader' who adroitly guided the enlisted troops in his field artillery battalion. But Kolb was stunned by what he saw when Walz left the military and entered politics.
Toronto police release new photo of man wanted for murder in deaths of two relatives
Toronto police have released a new photo of a 33-year-old man they are seeking in connection with the deaths of his two female relatives.
Schools are competing with cell phones. Here's how they think they could win
Isabella Pires first noticed what she calls the 'gradual apathy pandemic' in eighth grade. Only a handful of classmates registered for service projects she helped organize at her Massachusetts school. Even fewer actually showed up.
'This is our livelihood': Commercial dog walkers banned from Toronto park
A group of commercial dog walkers are voicing their frustration with a new policy that bans them from operating at a downtown Toronto dog park, saying their livelihoods are at stake.
Video shows man riding e-scooter on Highway 1 in B.C.
A man was caught on camera riding an e-scooter in the fast lane of the Trans-Canada Highway in Burnaby, B.C. recently.
Trump would veto legislation establishing a federal abortion ban, Vance says
Republican vice presidential candidate JD Vance says Donald Trump would not support a national abortion ban if elected president and would veto such legislation if it landed on his desk.
Foo Fighters did not give Trump campaign permission to use their song at rally, spokesperson says
Rock band Foo Fighters did not give Donald Trump’s campaign permission to play one of their songs at a recent campaign rally, a representative for the band said, and they plan to donate any royalties from the unauthorized use to Vice President Kamala Harris’ campaign.
Coworkers at Vancouver Irish pub win $1M in inaugural lotto pool
A group of colleagues in Vancouver won big on their first-ever lotto pool – and toasted their victory at the Irish pub where they all work.