Judge who helped legalize assisted dying in Canada is the mother of a ‘right to die activist’

A top Canadian judge helped make that happen legalize assisted dying was accused of bias after it was revealed that her daughter had the right to die.

Elin Sigurdson, daughter of Judge Lynn Smith, worked for an advocacy group that filed a lawsuit that made the practice legal in 2016.

Carter v. Canada was brought by several parties, including the family of a woman suffering from spinal stenosis and another woman suffering from ALS, who argued that they should be allowed to end their lives rather than continue treatment.

The Supreme Court then ruled that “laws prohibiting dying under medical supervision interfere with the freedom and safety” of people suffering from “severe and incurable” illnesses.

Carter v. Canada was brought by the advocacy group British Columbia Civil Liberties Association (BCCLA), which has campaigned for years to ensure that terminally ill people have the right to medically end their lives.

This case is currently being considered by the UK as an example of best practice during UK government debates whether to legalize assisted death.

Judge Smith, a state Supreme Court justice, ruled in Carter’s favor in 2012.

That took the case to Canada’s highest court, which four years later struck down laws banning assisted suicide in certain cases.

However, an application to Canada’s highest court argued that the case should be overturned due to the “web of connections” between Judge Smith and the BCCLA.

The 2019 motion was filed by Roger Foley, a disabled man from Ontario who fears the legalization of assisted dying was pushed through by biased judges.

Canada’s highest court refused to hear Foley’s application on the grounds that it had not been filed on time and he was not a party to the original case.

He continues to advocate against legalizing the practice because he believes that people with disabilities are targets of unfair treatment.

The allegations in his application have come under new scrutiny as Britain considers opening its own laws.

Foley’s motion states: “The BCCLA knowingly manipulated the judicial system, along with complicit judges, to make euthanasia and assisted suicide legal in Canada.

“This decision was used to influence policy in other countries, and it wrongly sentenced defenseless people to death.”

Sigurdson supported the legalization of assisted dying

The documents alleged that Ms. Sigurdson worked with BCCLA around the time of the Carter case, including directly with Joseph Arvay, the group’s lead attorney.

Ms Sigurdson, who is now a Supreme Court judge, was previously a solicitor at Mr Arvay’s law firm, Arvay Finlay, and the two had worked together on a number of cases.

She also worked with Sheila Tucker, Carter’s other lawyer.

According to the filed motion, Ms. Sigurdson publicly supported the legalization of assisted dying, and after posting on Twitter, she urged people to “support the right to die with dignity.”

In February 2015, she congratulated the BCCLA legal team on its victory in the Carter case.

Judge Smith and Ms Sigurdson declined to comment.

The UK will vote on the assisted dying bill

The documents came to light as UK MPs vote next Friday on a a bill legalizing assisted dying.

As part of last year’s inquiry into assisted dying, which preceded the passage of the bill, MPs heard from Canadian experts, including James Downar, a palliative care doctor from Ottawa, who pointed to Carter’s case as a model for Britain.

The new findings raise questions about whether Canada’s path to legalizing assisted dying is a legitimate example for the UK to follow.

“The parallels between the Carter case and the current push for this (British) bill are clear,” Foley said, accusing Kim Leadbeater and Christine Jardine, who are spearheading the bill, of “recklessly advancing their own interests while disregarding the impact on those most at risk.”

Judge Smith served on the BCCLA board

In addition to her daughter’s work with the campaign group, Judge Smith served variously on the BCCLA board and in 1996–97 chaired the Law Foundation of British Columbia, the group’s largest external fundraiser.

The foundation gave $389,500 to the campaign group last year, according to financial reports.

Founded in 1962, BCCLA was publishing policy documents in support of assisted dying as early as 1988.

Both Judge Smith and her daughter later appeared in a video about the ruling titled Death Debate, made in collaboration with BCCLA, which seemed to celebrate the legalization of assisted dying.

YouTube / TELUS STORYHIVE | Death debate – assisted death in Canada

Foley’s motion also alleged that Beverley McLachlin – then Chief Justice of Canada, who had the final say on the legalization of assisted dying – gave the impression of bias because of her close ties to the BCCLA.

Ms. McLachlin is said to have had a close relationship with both the president and the campaign group’s director at the time.

The application alleges that Ms McLachlin suffered from “tunnel vision” regarding assisted dying and argues that she should have withdrawn from the case due to her friendship with BCCLA members.

André Schutten of the Association for Reformed Political Action, which opposed the legalization of assisted suicide in the Carter case, told True North: “As a human rights lawyer fighting for full and equal protection of people with disabilities under the law, I do not see justice being served satisfaction when there seems to be a conflict here.”

He added that it would have been “reasonable” for Judge Smith to recuse herself from the outset.

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