Gloria Taylor (patient)
   HOME

TheInfoList



OR:

Gloria Taylor (March 30, 1948 – October 4, 2012) was a
Canadian Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''C ...
who was an advocate of medically-assisted dying and suffered from
Amyotrophic lateral sclerosis Amyotrophic lateral sclerosis (ALS), also known as motor neuron disease (MND) or—in the United States—Lou Gehrig's disease (LGD), is a rare, Terminal illness, terminal neurodegenerative disease, neurodegenerative disorder that results i ...
(ALS), also known as
Lou Gehrig's disease Amyotrophic lateral sclerosis (ALS), also known as motor neuron disease (MND) or—in the United States—Lou Gehrig's disease (LGD), is a rare, terminal neurodegenerative disorder that results in the progressive loss of both upper and lo ...
. Taylor began to experience the early symptoms of ALS in 2003. A
neurologist Neurology (from , "string, nerve" and the suffix -logia, "study of") is the branch of medicine dealing with the diagnosis and treatment of all categories of conditions and disease involving the nervous system, which comprises the brain, the ...
diagnosed her disease in 2009. On June 29, 2011, Taylor filed an application with the
Supreme Court of British Columbia The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judici ...
asking to be added as a
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
in the BC Civil Liberties Association's (BCCLA) death with dignity lawsuit. The BCCLA had filed the lawsuit in April 2011 to challenge the laws that make it a criminal offense to assist seriously and incurably ill individuals to
die with dignity Dignified death, death with dignity, dying with dignity or dignity in dying is an ethical concept aimed at avoiding suffering and maintaining control and autonomy in the end-of-life process. In general, it is usually treated as an extension of t ...
. The legal challenge seeks to allow seriously and incurably ill, mentally competent adults the right to receive medical assistance to hasten death under certain specific safeguards. This case is known as ''
Carter v Canada (AG) ''Carter v Canada (AG)'', 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by several parties, includi ...
''.


Life

Taylor was a postal worker, residential care worker, motorbike enthusiast and health advocate. She was born in
Trail, British Columbia Trail is a city in the western Kootenays region of the British Columbia Interior, Interior of British Columbia, Canada. It was named after the Dewdney Trail, which passed through the area. The town was first called Trail Creek or Trail Creek Lan ...
and raised in Castlegar. She lived most of her adult life in Westbank. Her mother was a former hospice coordinator and volunteer. After Taylor was diagnosed with ALS, Taylor founded a
Kelowna Kelowna ( ) is a city on Okanagan Lake in the Okanagan, Okanagan Valley in the British Columbia Interior, southern interior of British Columbia, Canada. It serves as the head office of the Regional District of Central Okanagan. The name Kelowna ...
support group for people living with ALS and she was actively involved in raising money for groups that support people who are living with ALS and their caregivers.


Dying with Dignity Charter Challenge

Taylor, the BCCLA, and the co-plaintiffs in the case argue that Criminal Code provisions against physician assisted-dying are unconstitutional because they deny individuals the right to have control over choices that are fundamental to their physical, emotional and psychological dignity and restrict the liberty of physicians to deliver end of life care to incurably ill patients. The plaintiffs believe that every Canadian should have the choice to have what they consider to be a good death, including the option of a medically assisted death for seriously and incurably ill, mentally competent adults. Without a change in the law, seriously ill individuals will continue to suffer against their wishes at the end of life, without the choice and dignity that they deserve. The group argues that the prohibition of assisted dying violates
Section 15 of the Canadian Charter of Rights and Freedoms Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed Social equality, equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Can ...
because it discriminates against people with
degenerative diseases Degenerative disease is the result of a continuous process based on degenerative cell changes, affecting tissues or organs, which will increasingly deteriorate over time. In neurodegenerative diseases, cells of the central nervous system stop wor ...
who have no physical means to end their lives without assistance. They also argued the ban violates their Section 7 right to life because, if they do want to end their suffering, they would have to do so earlier than they might otherwise want, before they lose the capacity to act. Justice Lynn Smith suspended her decision for one year, to allow the federal government to change the law to exempt
physicians A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the study, diagnosis, prognosis ...
from
criminal prosecution In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
; but explicitly exempted Taylor from that suspension. The
Harper government The premiership of Stephen Harper began on February 6, 2006, when the first Cabinet headed by Stephen Harper was sworn in by Governor General Michaelle Jean. Harper was invited to form the 28th Canadian Ministry and become Prime Minister of ...
appealed the decision. Taylor’s dream of legal change for herself and all Canadians was realized in June when the B.C. Supreme Court ruled that the right to die with dignity is protected by the Charter of Rights and Freedoms, and granted Taylor a personal exemption allowing her the right to seek a physician-assisted death. The case was a major victory for choice and individual rights at the end of life. Mme Justice Jo-Ann Prowse of the BC Court of Appeal ruled against the federal government on August 10, 2012 and in favour of Taylor's personal exemption, saying that revoking Taylor's exemption would cause irreparable harm to Taylor, which outweighs the federal government's interests. This exemption allows Taylor to seek doctor-assisted suicide under certain conditions
The decision can be found here.


Death

On October 4, 2012, Taylor died as a result of a severe infection resulting from a perforated colon. Due to the acute nature and brief course of her illness from the infection, Taylor did not need to seek the assistance of a physician to end her life. Taylor died in hospital, with her mother and a close friend by her side.


References


Related

*
Rodriguez v. British Columbia (Attorney General) ''Rodriguez v British Columbia (AG)'', 9933 SCR 519 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by a terminal ...

Carter v. Attorney General of Canada
{{DEFAULTSORT:Taylor, Gloria Euthanasia activists Medical controversies in Canada Place of birth missing 1948 births 2012 deaths Euthanasia in Canada Canadian activists Canadian women activists People from Castlegar, British Columbia