History of euthanasia in Canada, Part I

 by Cheryl Eckstein, Compassionate Healthcare Network CHN: 

For

The Euthanasia Prevention Coalition's Euthanasia Symposium November 31 ~ December 1, 2007 Toronto Ontario, Canada

History of euthanasia in Canada, Part I¹

In a world of just 194 countries, it is calculated there are over 6,800 languages.  That linguistic heterogeneity is fast disappearing. By one estimate, a language dies every two weeks.  One of the oldest surviving languages is Greek.  It is from that language we get the word euthanasia.  Many years ago my husband Bryan & I would frequent our favorite pizza place owned by George and Maria, both immigrants from Greece.  One day I asked George if he would tell me how he defined euthanasia in Greek. In his deep raspy voice he said euthanasia meant someone who died without pain or suffering, usually in old age, died a good death, perhaps in their sleep, but he added that term was used more so by “university professors”.  I pressed on asking him then what is the Greek word for someone whose death was hastened by a doctor, e.g., with a lethal injection.  George looked perplexed, but without hesitating exclaimed “In Greek you ask?  In Greek - that word would be murder!”  No euphemisms that time.

Since euthanasia is illegal in Canada, there is no way of knowing how many deaths can be attributed to furtive acts of euthanasia or PAS.  What we know, comes primarily from investigations that have come before the courts and made it into the media. No doctor in his right mind would reveal he/she has assisted suicide or given euthanasia, but some have claimed to assist friends to commit suicide. Such as David Lewis, a Vancouver psychologist, living with HIV, who before committing suicide in 1990, went to a local newspaper to boast he had assisted eight friends, all suffering from AIDS, in committing suicide. Russel Ogden, a researcher and pro-euthanasia activist also lives in B.C., claims there is an underground movement that is helping people die. In Ogden's first study, he alleged that 17 individuals, including doctors, nurses, counselors, social workers and two priests, told him precisely how they had helped 34 AIDS patients kill themselves. He further claimed half of the cases were botched. Ogden's study has not been taken very seriously in the academic world.  Some call his study a sham, saying  it has "tarnished" his reputation.  Marilynne Seguin, a RN and founder of Dying with Dignity claimed to have counseled several hundred dying patients over a 20-year period.

Senator Sharon Carstairs, who sat on The Special Senate Committee on Euthanasia and Assisted Suicide 1994-95, said there are thousands of cases in Canada in which doctors have illegally helped patients to die. That’s quite a statement considering only a handful of doctors and a few nurses and nurse’s aids have been reported to have been directly implicated in the homicidal deaths of patients.

So, I think you will be very surprised to hear that in my research into the history of euthanasia and assisted suicide in Canada, I have only been able to find 40 reported cases that relate to euthanasia and PAS.

I also prepared a second section titled  History of euthanasia in Canada Part II  (http://www.chninternational.com/history_of_euthanasia_in_canada%20part2.htm) that includes a CHRONOLOGY OF MEMBER OF PARLIAMENT BILLS² and other pertinent information with links.

Let's begin with an overview of the cases

Of the 40 case studies of deaths relating to infanticide, euthanasia, mercy killing, assisted suicide, and murder suicide occurring in Canada, nine were children, eight of whom were disabled.  Of the cases involving prosecution, only 3  were found guilty of 2nd degree homicide and received a life sentence with the possibility of parole.

8 Cases involved either doctors, nurses or nurse's aids.  In those 8 cases 6 were adults 1 infant was murdered by a physician, 1 child was murdered by a nurse's aid.

1 case of infanticide, where the infant was killed by its mother

7 "Mercy Killings:" Cases in which parents felt their children had experienced enough suffering and murdered them or alleged to have assisted in their suicide. In one case, it is not clear if the death was an accident, or murder.  The mother, Xuan Peng can not speak English, and the father was not home when the death occurred.  

3 "Mercy Killings:" Cases in which children felt their parent had experienced enough suffering and murdered them.

5 "Mercy Killings:" Cases in which a spouse alleged their spouse had experienced enough suffering.  These just beg the question, just whose suffering was ended?

11 “Assisted Suicides”

5 Murder-Suicides, alleged to have been mercy killing-suicide.

Doctors, Nurses, Nurse’s Aids involved in 8 cases of euthanasia:

 

In 1982 Dr Nachum Gal ordered a lethal overdose of morphine for an infant.  He was charged with first degree murder. He fled to Israel but the government of Canada was unable to extradite him.  Two nurses involved with the death were suspended from nursing for one year.

 

In 1991 a patient of  Dr. Alberto de la Rocha, requested her breathing tube removed so that her suffering would end.  He complied with her wishes and administered an injection of morphine.  He went further than allowed and injected potassium chloride. In April 1993 he was convicted of administering a noxious substance and received a suspended sentence and 3 years’ probation.  In an April 1995 hearing before the Discipline Committee of the College of Physicians and Surgeons of Ontario he was charged with professional misconduct “because of the conviction in court, as well as failure to maintain the standard of practice. He pleaded guilty to the first charge and the college did not proceed with the second. His penalty was a 90-day license suspension that would be lifted if he wrote a guideline on withdrawing life support from terminally ill patients.”

 

In August 1992 -27- year-old, Scott Mataya, a Toronto nurse who had originally been charged with first-degree murder in the mercy killing of a terminally ill patient, entered a guilty plea to a lesser charge of administering a noxious substance. It is reported he was left alone with a patient who had been given two injections of morphine and valium by the attending physician, after which his ventilator was disconnected. He was expected to die within an hour. When the patient began choking, Mr. Mataya, acting without any authorization, panicked, and administered a dose of potassium chloride, causing death within minutes. Mr. Mataya pleaded guilty. He received a suspended sentence and was put on probation for 3 years. The judge also ordered him to surrender his license to practice and never to apply for reinstatement. During probation he was not to seek employment in health or geriatric care.

 

On the 30 January 1992 an unnamed Ontario surgeon was charged with second-degree murder in connection with the death of a seriously ill cancer patient.  The patient is alleged to have died of a cardiac arrest after having been administered morphine and potassium chloride.  In April of 1993 – the same unnamed physician was given a three-year suspended sentence after pleading guilty to a charge of administering a noxious substance to endanger life.  The second-degree murder charge was withdrawn.

 

In 1977 Eleven- year- old Ronald Lambert was smothered to death by Ronald Leonard Brown, a nurse’s aid in St. Amant Centre where Ronald was being cared for.  It wasn’t until 1997 that Brown was sentenced to two years in jail for manslaughter. Though Brown confessed to his superior at St Amant three weeks after he killed Lambert, it was not reported for 19 years.  For more information see Justice Delayed 19 Years for Ronald Lambert, Repost from The Council of Canadians with Disabilities

 

In May 1997 - Dr. Nancy Morrison was charged with the first-degree murder of a terminally ill patient who had been removed from active life support in 1996. At the end of a preliminary hearing in February 1998, a Halifax provincial court judge dismissed the charges against Morrison, ruling that there was insufficient evidence to show that potassium chloride had caused the death of 65-year-old Paul Mills.  Reprimanded by Nova Scotia's College of Physicians and Surgeons the college said Morrison gave Mills, a massive dose of nitroglycerin and potassium chloride to hasten his death.  He died within minutes Although the college acknowledged Mills was on the verge of death and had been taken off life support by his family, it said her actions were "inappropriate and outside the bounds of acceptable medical practice."  The college noted she used drugs that have no pain-killing properties. Dr Morrison was not prevented from practicing medicine, and the case was closed.

In May of 1998, Dr. Genereux was sentenced to two years less a day and to three years probation for the assisted suicide of two patients with AIDS, HIV positive, who were depressed but not terminal. One patient survived.  He falsified the death certificate of the patient whose attempt succeeded.  He was the first doctor in North America to be convicted of assisting a suicide. His license to practice medicine was revoked. When he committed the offenses, Dr. Genereux,  had already been found guilty of sexual misconduct and was practicing medicine under the following restrictions: that he receive psychotherapy and that he not be alone with patients during examinations.  See factum from the “Intervenor” The Council of Canadians with Disabilities

 

June 11, 2007, Dr. Ramesh Kumar Sharma was sentenced to a conditional sentence of two years less day after previously pleading guilty to trying to help a patient commit suicide. In addition, Sharma has been erased as a member of the College of Physicians and Surgeons of B.C.  And just like Dr. Genereux, Sharma had previously been suspended from practice and fined for sexual misconduct.  As a footnote, “conditional sentence” is fairly new to Canadian law.  In 1996 this legislative innovation was intended by Parliament to reduce the rate of incarceration in provincial institutions.

15 homicide cases involved a parent, spouse or relative.  Reported as euthanasia and mercy killing, but charged with one of the following: First degree, Second degree murder or Manslaughter.

 

The oldest records of so-called mercy killings in Canada I could find happened in the early 40’s.  In 1941 in Alberta, Victor and Dorothy Ramberg, murdered their 2-year-old son who had been diagnosed with cancer.  The Judge found them not guilty.  

 

1942 -, Manitoban George Davis, murdered his wife who was reported to be quote  “suffering intractable pain from what was then called "dropsy"’ but is now known as edema.   Mr Davis was acquitted.
 

1994 Little is known about Robert Cashin an Alberta resident who gave his mother an overdose of sedatives. It was reported she was terminally ill. He was found guilty of administering a noxious substance and received two years probation. 

November 1994 -  Robert Latimer was convicted of second-degree murder in the asphyxiation death of his 12-year-old daughter Tracy who is frequently described as severely disabled. Tracy was born with Cerebral Palsy.  She could not talk, but from all accounts seemed to be a happy child.  Mr Latimer believed she had no quality of life, and the media ran with that.  One reporter described Tracy "without any prospect of a meaningful future."   Tracy is consistently depicted as hopelessly flawed, a vegetable, and hopelessly ill.  So often it seemed Tracy Latimer was on trial.  Consider this opinion: 

Well, advocates for the disabled may applaud the court decision, claiming that it demonstrates respect for their rights, but the fact remains that Tracy Latimer was not handicapped. As I said, she was a vegetable.  A vegetable who knew nothing of life except excruciating pain. She couldn't walk, talk or feed herself. She functioned at the level of a three-month-old. She had already endured several major operations and would certainly have needed many more. After twelve years, her parents decided to end the life of this travesty. No one will ever know whether they did this to end her pain or because they needed to move on in their own lives. Probably they cannot even sort out their motives themselves.  David MacRae  http://www.quebecoislibre.org/010203-9.htm

Robert's sister, Pat Latimer-Martin says "Canada needs new laws that recognize euthanasia because (Tracy's death) it's not about murder."  Robert was sentenced to life in prison with no eligibility for parole for ten years. There is no question in my mind that Robert Latimer would have been charged with first degree murder, had Tracy not been “suffering” or disabled. Suggested reading: Tracy Latimer, Robert Latimer: this page contains over 30 articles; also,  How To Commit a Loving Murder 'Euthanize the Damaged People' by Nat Hentoff 

This is conjecture but based on the research I have done on filicide, I have a hunch that had Robert's wife, Laura Latimer been the one to kill Tracy, I really doubt she would have spent one day in jail.  I believe at trial she would have received a suspended sentence and/or probation with perhaps some community service.  Past rulings on similar cases  when involving the mother, support my theory.

December 1994: In Halifax, a common law couple, Cheryl May Myers and Michael William Power, were given suspended sentences, three years' probation, and 150 hours of community service after they pled guilty to manslaughter after suffocating Ms. Myers' terminally ill father. The pair had initially been charged with second-degree murder. Myers and Power made no attempt to keep it secret, telling family members and friends that they had ended Mr. Myers' life and why they had done so. The information found its way to the police and charges were eventually laid.

 

Jean and Cecil Brush were married close to 60 years when Jean began to see a decline in Cecil’s mental and physical health. They were by all accounts a very close and loving couple who had their share of trouble in life, but overcame – until Cecil’s erratic behavior began.  After attempting to place Cecil in a nursing home, and failed suicide attempts Jean stabbed Cecil to death and plunged the knife into her abdomen five times, but she survived to face a charge of first-degree murder. In 1995, the charge was dropped to manslaughter.  Judge Bernd Zabel gave her a suspended sentence with 18 months' probation, meaning that she will not serve any time in jail for Cecil's death. "She has already suffered a harsher sentence than could ever be imposed on her life, the loss of her loving husband," Zabel said.  A lengthier account can be found here: Woman Sentenced in Mercy Killing 

In 1996 weighing twenty-two pounds, ten-year-old Katie Lynn Baker died of starvation. To add to this tragedy, social workers investigating the case knew that Katie Lynn was dying, but failed to take any action to save her.  The coroner ruled her death a homicide.  Katie had Rhett Syndrome. The criminal justice branch of the British Columbia Ministry of the Attorney-General released its report in December 1999, stating that it will not be laying charges because "there is no likelihood of conviction."  

At the inquest, Katie’s mother Cheryl McLean, claimed that Katie told her she wanted to die, but her primary caregiver testified that she felt Katie Lynn was trying to communicate that she wanted to live. Eike-Henner Kluge Canadian bioethicist testified at the inquest that children should have the "right to die" even if they do not ask to do so. Outraged, Cal Lambeth, a parent of a child with a disability said, "Since when do we allow children to choose death? There is much case law in Canada where social services agencies step in to take custody of the child. This is when the child is considered at risk because the parents are refusing treatment for their child's life threatening medical condition. ..Parents do not own their children. They are not chattels or property to be disposed of at the option of their parents. There can be no doubt that bringing about the premature and planned death of one's child is completely contrary to the obligation of providing necessities for children." 

RS affects only females Due to the rarity of RS, and lack of records, very little is known about long term prognosis and life expectancy. While there are a few women in their 40's and 50's who have RS, there have been too few women studied to make reliable estimates beyond age 40. The International Rhett Syndrome Association (IRSA) says that 93% of those diagnosed and have reported to IRSA are still living. IRSA says “Although she may be at higher risk for life–threatening events such as pneumonia, choking and seizures, it is very likely that your daughter will live a long life.”  Katie’s weight at death was 22 pounds – which is what a normal 2- 3 year old would weigh.

Katie Lynn's father, Dale Baker, remarked in an interview, "I don't think I would have been able to sit there and have anyone ask Katie 'do you want to die?' and be confident that her response was 'Yes I want to die.' " We might want to ask, where was the father during the time she was starving to death and claiming to want to die?  A most appalling and alarming made for television movie was released in 2002, called Society’s Child.  It is based on the story of Katie Lynn Baker.  Dick Sobsey describes the film as providing “the most biased and unapologetic endorsement for killing children with disabilities of any ever produced.” For a must read, go to True Story Of The Murder Of A Child - By Dick Sobsey  see also, Crown Will Not Lay Charges in Death of Katie Lynn Baker  

Dr. Stefan Mokrohisky, chair of the ethics committee at Denver's Children's Hospital says, "I guess you could say that even the medical intervention to provide the nutrition is no longer a benefit when compared with the burden of current existence."  Dr Mokrohisky estimates he has participated in hundreds of cases where nutrition or other life-sustaining measures were ceased over the past 20 years.

Our Government does not work in a vacuum. When studying euthanasia, the Canadian government and Senate considered local consultation and investigations to see whether laws which have passed in other parts of the world should be adopted in Canada.  The courts study rulings from other courts outside of Canada and are referred to when so-called mercy killing cases come before them, such as with Terri Schiavo.  Just ask Wesley Smith about his concerns over his country’s judicial system looking to foreign decisions to guide to U.S. law, as in the British case of the very vocal Leslie Burke, who lost his “right-to-food” case.   http://news.bbc.co.uk/1/hi/health/4721061.stm .  http://www.cbsnews.com/stories/2005/05/24/opinion/main697526.shtml

 In 1996 six-year-old Charles-Antoine Blais was held underwater by his mother’s hands until he drowned. In 1997 Danielle Blais was given a 23-month suspended sentence after being allowed to plead guilty to manslaughter.  According to reports, Ms. Blais was depressed because she lacked the financial support that she needed for her son who had autism, and intended to commit suicide after killing him. "In the summer of 1997, Ms Blais was sentenced not to jail, but to a year in a community residential centre, and she was hired as a representative--a sort of role model--by Montreal's autism society, as promised by Ms Lahaie. [President of Montreal's Autism Society]"

 

There is a web site I wish to direct you, where you will read some of the worst biased and shocking attitudes towards children with autism, and this coming from an organization that is funded to help families with this condition. Example:  "Carmen Lahaie, President of Montreal's autism society, stated in the media that Charles-Antoine was "happy now" that he was dead." Lahaie's response to Dawson's question is reprehensible: "When I heard this on the national news, I phoned Ms Lahaie, stunned. What are you doing, I asked. She said, you can't understand, our children have ruined our lives." Unbelievable but true, "Carmen Lahaie is still President of Montreal's autism society. She's the one who's called autistic people a "plague", more than once (a plague that should be eradicated once and for all). There is now an annual award in her honour."  The murder of Charles-Antoine Blais, appears in Michelle Dawson’s blog who also has autism and has written extensively on autism. Follow her links.

On March 19, 2001 Rachel Craig gave her 14 year old daughter, Chelsea, a deadly mixture of drugs, and then drank some of the mixture herself. Chelsea died in the family's home, but her mother survived to face charges of first-degree murder. Chelsea, like Katie Lynn, had Rett syndrome, a condition that only affects girls. Most girls who have Rett syndrome, including Chelsea, do not talk and are not able to walk.  A judge ruled that Rachel was not responsible for her daughter's death after psychiatrists said her problems were likely caused by a combination of a family history of mental illness, her own history of abuse and the stress caused by Chelsea's disability. The two psychiatrists made it clear they did not believe that Chelsea's death was a mercy killing like that of Tracy Latimer, "This is not a Latimer case. This is not a mercy killing,"  stressed Dr. Fugure.  Even though Rachel had a history of attempted suicide, she was allowed a second unsupervised outing.  In July 2002, Rachel completed her suicide. Her body as found at the address she had given to 911. (For more information on Rhett Syndrome, see Katie Lynn Baker, Chelsea Craig, & Julia Roberts

In 2001, Herbert Lerner was charged with manslaughter and sentenced to five years in prison for suffocating his wife Jenny with the plastic bag. Jenny Lerner had been diagnosed with Alzheimer's disease. Her husband argued that the asphyxiation was a mercy killing. But Quebec Court Judge Pierre Laberge rejected the mercy killing defense, noting that the woman was only in the earliest stages of Alzheimer's disease. A year later, Lerner committed suicide.

In 2002 Alain Quimper was charged with first degree murder of his mother but pled guilty to a reduced charge of second degree, after receiving a settlement offer from the Crown. He was sentenced to life imprisonment without eligibility of parole for 14 years. His mother was terminally ill with Alzheimer's disease.  Quimper told staff he planned to relieve his mother’s suffering by strangling her, and punish some of the attendants at the home by beating them with metal bars, which he did. Quimper later complained that he had been wrongly advised to plead guilty, and new evidence would show a verdict of manslaughter was possible. The Quebec Court of Appeal granted the motion to adduce fresh evidence, but dismissed the appeal. Alain Quimper v. Her Majesty the Queen (Que. C.A., April 11, 2006)(31489)

 

On July 12, 2004, Xuan Peng, age 34 faced a second-degree murder charge for the bathtub drowning of her four-year-old daughter, Scarlett who was reported to have “mild autism.”  David Chen, father of Jia Jia (Scarlett) found his daughter submerged in a bathtub in his Toronto home. The husband believes it was an accident, and said he will stand by his wife. CHN will publish the ruling when it is released.

 

In the early morning of July 2004, Eleven-year-old Ian Carmichael’s father slipped a sleeping medication into Ian’s orange juice. At 3 a.m. David Carmichael, former director of ParticipAction, then wrapped his hands around Ian’s throat, and chocked him to death. David admitted killing Ian was premeditated.  David writes on his web page in a section called Through Psychotic Eyes "After he was dead, I moved his body to the centre of the bed, kissed him on the lips and told him, 'I love you, I'm really going to miss you, but you're in a better place now.’ I was calm, numb and my thoughts were well organized. I was obsessed with one thing, Ian. I talked clearly and believed that killing Ian was the right thing to do.  I shared every detail with the police. I didn't want a lawyer. I knew I murdered Ian and was prepared to spend the rest of my life in prison.”  Robert Latimer and David Carmichael had two things in common, both killed their own child who had a disability, and each man believed he did the right thing.  On Sept. 30, 2005, a London Ont., judge found Carmichael "not criminally responsible on account of a mental disorder" and ordered him detained at the Brockville Psychiatric Hospital until he no longer poses a "significant threat to the safety of the public.”  On Carmichael’s web page, he has a section called “my mistakes” of those he says “I've spent a great deal of time thinking about the mistakes that I made when I was recovering from my first major depression, and suffering through a relapse.” He goes on to list his 10 mistakes, prior to killing his son.  Not mentioned is considering at least once that his son was in grave danger and needed protection from him - at least, for the time being.  Personal correspondence between David Carmichael and Cheryl Eckstein end of this page. 

In 2004, 88-year-old Tony Jaworski did what Jean Brush did, he stabbed his 83-year-old spouse to death. He said it was a mercy killing as his wife Sophie, was terminally ill.  The charge would be second-degree murder.  Jaworski spent 17 months in custody before he got bail.  The Crown dropped the second-degree murder charge and allowed Jaworski, who is legally blind and partially deaf, to plead guilty to manslaughter and then sentenced to three years probation. 

July 2005 -   Andre Bergeron was charged with the attempted murder of his spouse, Murielle Houle, who had Friedreichs ataxia. She survived. Marielle was rushed to ER in a coma and died  It was expected Andre would be charged with murder.  “Prentis Clairmont, with the National Ataxia Foundation in Ottawa, says he's troubled by the case. "I know euthanasia and mercy killing are very complex issues but I wouldn't want anyone trying to decide that my quality of life is not as good as theirs." "Studies have shown that people who say they want to die change their minds every 12 hours," said Margaret Somerville, founding director of the McGill Centre for Medicine, Ethics and Law.  Bergeron pleaded guilty to a reduced charge of aggravated assault and received a 3 year suspended sentence.

 

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ASSISTED SUICIDES

The oldest records of assisted suicide I could find occurred in the N.W. Territories.  The first trial in 1949 ended with a one year sentence, but was paroled after serving 6 months; and the next trial in 1963 a guilty verdict and sentence suspended.  Both had assisted elderly people to hang or shoot themselves. 

 

 In October 1995, Mary Fogarty was convicted of assisting in the suicide of a friend. The Crown alleged, and the jury agreed, that Mary Fogarty provided Brenda Barnes, a diabetic, with syringes and insulin and wrote Barnes’ suicide note for her. The Crown further alleged that Fogarty assisted with the suicide because she mistakenly thought she stood to benefit from Barnes’ $100,000 life insurance policy.  Fogarty made two contradicting statements; first she claimed that she gave Barnes the syringes so that she could inject amphetamines and later claimed Barnes took the insulin out of Fogarty’s purse. Fogarty admitted Barnes’ dictated a note to Fogarty, but claimed not to have known it was a suicide note. The jury concluded they were not convinced Fogarty assisted in the suicide for any other reason than self-interest. She was convicted and sentenced to three years probation and 300 hours of community service, thus becoming the first person to be charged and convicted in over 30 years under s.241(b) of the Criminal Code.

 

Rodriguez v. British Columbia (Attorney General) (1993), 24 C.R. (4th) 281 (S.C.C.).  Sue Rodriguez lost her bid to have the law changed to allow for PAS. She argued that the ban on assisted suicide violated the Constitution, by obstructing her rights of personal liberty and autonomy guaranteed in the Charter of Rights and Freedoms. The court rejected her argument in 1993, narrow ruling of 5-4 that society's obligation to preserve life and protect the vulnerable outweighed her rights.  On February 12, 1994 with the help of unnamed person(s) she took her life.  However, we have no way of knowing if her death was assisted, or euthanasia.  Sue Rodriguez became a household name, and is recognized throughout North America.  Two movies were made about her life;   Who Owns My Life? The Sue Rodriguez Story, and CBC production called At the End of the Day: The Sue Rodriguez Story, 1998 TV.  Following her death, Justice Minister Allan Rock appointed a Special Senate Committee on Euthanasia and Assisted Suicide. The committee headed by Liberal Senator Joan Neiman heard from witnesses all across Canada as well as hundreds of letters and briefs. The committee delivered its report June 6, 1995. In a 4-3 split, the committee recommends both euthanasia and assisted suicide remain illegal.

 

 In 1996, Austin Bastible drove from his Windsor Ontario home, to Detroit.  There in the home of Janet Good, Bastible met his end with the help of Jack Kevorkian, . It is reported that 5 doctors were present at the assisted suicide.

 

On September 9, 1999, Marilynne Seguin, a 61-year-old Toronto nurse who founded the Canadian organization Dying with Dignity, died by taking lethal medication  An unidentified physician was present.  It is reported that Seguin had counseled several hundred dying patients over a 20-year period.  Sequin was a staunch supporter of Robert Latimer, and in a letter to the media she accused disability activists “of speaking loudly and meddling in the case.” 

 

July 28, 2000, Mr. Justice Nathan Nurgitz ordered a stay of proceedings in an assisted suicide case. A stay of proceedings does not clear a defendant of any alleged wrongdoing, it is generally understood that the case will not go any further.  Such is what happened to a terminally ill man, Bert Doerksen who assisted in the suicide of his wife.  The judge cited Doerksen's advanced age and deteriorating health as justification for the ruling. In November, 1997, Bert placed his 78 year-old wife in the family car and left the engine running as the car sat in the garage.  He said his wife suffered from cancer, osteoarthritis and heart disease, was in constant pain and had asked him to help her to die. Bert was 81 and begged the media to just leave him alone.

 

In 2002, 73-year-old Evelyn Martens had entered not guilty pleas to two charges of aiding or abetting  64-year-old former nun Monique Charest and 57 year-old Vancouver teacher Leyanne Burchell to commit suicide. In 2004, after two days of deliberation, a jury acquitted Martens of the charges.  Martens was a member of the Canadian Right to Die Society.  At some point a RCMP officer posing as the goddaughter of Charest, spoke with Martens.  Martens told her she had attended several assisted suicides, describing them as “happy to go” and that the deaths were “fast and painless.”  When police searched Martens’ home and van, they found helium tanks, exit bags and sleep-inducing drugs.  Despite the amount of circumstantial evidence, the Crown was unable to prove Martens was physically involved in the women's deaths.  The Humanist Association of Canada selected Evelyn Martens as the 2005 recipient of the Humanist of the Year award.

September 2004 -  I can't think of anything more hopeless than to have a mother help their son or daughter believe there is no hope and that it is better for them to be dead.  I can not conceive in my mind how a mother - any mother could agree to such a crime.  But that is exactly what a mother did.  Marielle Houle was charged with aiding and abetting the suicide of her 36-year-old son, Charles Fariala who was not terminally ill, but had MS. She worked in healthcare and must have known about the various groups who could help. How does a nurse's aide obtain enough drugs to kill?  Such an act is not impulsive, it takes time to plan. I believe both bought into the lie, that all was hopeless. In January of 2006, Houle pled guilty to the assisted suicide of her son, and was sentenced to three years probation.  Justice Laramée recalled that “the present state of the law in Canada is that to help or encourage suicide is unacceptable and illegal.”  Marielle Houle should actually have been charged with euthanasia (second-degree murder or manslaughter). Houle didn't stop at giving him lethal drugs, she tied his hands and put a plastic bag over her son's head to asphyxiate him.  Ironically, Houle's attorney Salvatore Mascial, opined on the ruling, “This is actually the first case that I’ve seen charged this way. I’ve seen other cases where the charge is murder.”

Alex Schadenberg of EPC had this to say:

Marielle Houle was given a sentence of 3 years probation for assisting her son Charles Fariala to die. The Euthanasia Prevention Coalition will be asking the Minister of Justice of Quebec to review the sentence of Marielle Houle. We understand that extenuating circumstances exist for Houle, but are concerned that the current sentence provides no deterrent for others who may follow Houle's lead. In fact, Houle should have been charged with second-degree murder or manslaughter. According to the evidence, Houle placed the plastic bag over her son's head and tied it tight. By doing so, she didn't simply assist the act but she committed the act, which is murder in the criminal code. Fariala was experiencing the early stages of MS and according to his friends, seemed very depressed. Fariala needed positive emotional and psychological support from his mother, not death. http://euthanasiaprevention.on.ca/Newsletters/newsletter61.pdf

 In May of 2007, Stephan Dufour was charged with assisted suicide in the 2006 death of his uncle, Chantal Maltais, who was 49. “Maltais, who suffered from polio and had serious co-ordination problems that forced him to eat through a straw, was found hanged in a closet in his home.” According to the police report, Mr. Maltais wanted to die for about 15 years, and had asked many members of his family to help. They all refused. He had attempted suicide several times, but failed. Maltais assisted his suicide on the anniversary of Chantal’s mother’s death.  Maltais has pled not guilty, and wants a trial by jury. (Dufour was to appear in court September 25, but the media apparently did not cover that court date. CHN will publish the ruling when it is released)  

Criminal Code of Canada Counselling or aiding suicide

 S 241. Every one who (a) counsels a person to commit suicide, or (b) aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.R.S., 1985, c. C-46, s. 241; R.S., 1985, c. 27 (1st Supp.), s. 7.

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MURDER SUICIDE  (I listed these separate from the other murder suicides because in these 5 cases the murderer committed suicide immediately after killing the family member(s), whereas in the other cases, some time passed before the murderer committed suicide)

1994: Ontario, Canada  Cathie Wilkieson, 43, mother of Ryan Wilkieson, 16, was found in her garage.  In her arms was her son Ryan, who had cerebral palsy and was deaf and blind. Both were dead from exhaust fumes. A note beside her stated that she "could not go on any longer and could not leave him behind." It is reported that Wilkieson had been denied respite services a few weeks prior' Outcome: Disability activists have been outraged over this copycat mercy killing shortly after the Latimer case went to trial. This case led Canadian ethicists to coin the term "altruistic filicide."  I think had Ryan’s mother left him alone in the garage, I would agree with the copycat sentiment, but the fact that Cathie committed suicide, which leads me to think she was depressed, desperate, and had come to a point where she lost all hope.  When a person kills another person because he or she won’t or can’t leave him or her behind – is that really an unselfish act?  To believe if I can’t take better care of him, no one else will be either – is that unselfish, altruistic, or is it egotistic? Perhaps it was her fatalistic view, life was beyond all hope for Ryan to have the life she wanted for him. 

1996, Andrea Halpin, 35, had been labeled mentally handicapped and had been in the care of her 75-year-old father Bernad Halpin. She died as a result of a gun shot wound inflicted by her father. After he murdered Andrea, he killed himself. Tragically she was soon to move into a group home, and was in a job-training program. The Montreal Gazette connected the Halpin murder to the Charles Blais murder which occurred last week. "The director of the CLSC St. Laurent said she is worried yesterday's events may have been triggered by last week's killing of 6 year old Charles Blais...'In some instances we see one dramatic incident, people in similar circumstances feel that these feelings are legitimized,' said Mariette Le Brun-Bohemier. 'There was a lot of publicity about the first case and this could have triggered this dramatic event'" ("Father, 75, kills handicapped daughter, self" Montreal Gazette, 14 November 1996.) (See Latimer Watch 30 Oct. 1996 for comments by Gregor Wolbring linking the murders of Tracy Latimer and Ryan Wilkieson to peak media coverage on the Rodriguez and Latimer court cases.)

On 30 December 2001, the bodies of three people were found in a parked motorhome in Kelowna, British Columbia. 57 year-old  Maurice Baulne, and his wife Belva Baulne, age 54, and the couple's 34-year old disabled son Reece Baulne, died from carbon monoxide poisoning.  Reece had learning difficulties, therefore the Canadian law treats his death as murder, because he could not consent to the suicide pact. The couple left a suicide note explaining  that a application for financial assistance to the Canadian Government was turned down. The  Baulnes had developed health problems of their own and were fearful of Reece's welfare once they were no longer able to care for him. Suggested reading: When caregivers give up & Response to G&M When caregivers give up

August 31, 2006 Media reported John McCadden age 77 shot his wife his 80-year-old wife, Lorna, and then ended his own life in a murder-suicide at Penticton Regional Hospital.  The murder-suicide was referred to as an “act of compassion”  Lorna McCadden, had recently been diagnosed with Alzheimers.

Sept 2007  66 yr old Percy Stein shot and killed his 84  mother then killed himself.  He had advanced stomach cancer, and she had suffered a stroke.  He was her primary caregiver.  Percy had never married.