Number of doctor-assisted dying cases revealed by province

CBC News has learned Horizon Health Network, the province's English health authority has approved nine doctor-assisted dying cases, a number that was kept secret until now.

The data was obtained through the Right to Information Act after the province declined to provide records, citing privacy concerns.

Nova Scotia and the Yukon were the only other province and territory that didn't provide the information to CBC News.

The province's French health authority, Vitalité Health Network, says it has not rejected or approved any requests for doctor-assisted death.

Ed Schollenberg, registrar of New Brunswick's College of Physicians and Surgeons, says the province's justification not to release the numbers of assisted deaths doesn't make sense.

"Privacy concerns are used to defend just about any disclosure, and often they're very important. But if you're just dealing with numbers I wouldn't see that's a privacy issue," said Schollenberg.

"It may be more of a collection of data issue."

Even though Horizon Health Network has released the number of approved assisted dying requests, it's still not clear how many patients followed through with ending their lives.

No tracking system

The Department of Health doesn't have a system to track the number of deaths from both health authorities.

A spokesperson for the department said the province is collaborating with the federal government to establish a process for monitoring and reporting on doctor-assisted dying. 

The CEO of Dying with Dignity Canada said not tracking the numbers, even on an interim basis until the federal government establishes a national protocol, makes it difficult for the province to assess how well the system is functioning.

But what Shanaaz Gokool finds even more egregious is the fact the province has failed to provide guidelines around the federal assisted dying legislation, which health officials promised to do once the bill became law.

Parliament passed the government's assisted dying legislation in June.

It was prompted by a Supreme Court ruling a year earlier that struck down the ban on physician-assisted dying on the grounds it violated Canadians' charter rights.

'It's disgraceful'

Just days before the assisted dying law was approved, New Brunswick's Health Department said the minister would issue a written directive to both regional health authorities once the legislation came into force that month.

The minister has to do better.- Shanaaz Gokool, CEO of Dying with Dignity Canada

It was supposed to help clarify safeguards for vulnerable patients and protect the conscience rights of healthcare workers.

Gokool said the directive is five months too late.

"There's absolutely no excuse that the province has not put provisions in place so that it's very clear to people of the province and the healthcare practitioners what the protocols are," said Gokool.

"I think it's disgraceful."

The health department said Minister Victor Boudreau was unavailable for an interview.

But in a statement, spokesperson Veronique Taylor said "the directive has been drafted by the Department of Health in collaboration with the regional health authorities but has yet to be officially approved."

Calls for provincial guidelines

Gokool firmly believes "the minister has to do better."

"I think the residents should be concerned, we're talking about life and death."

Ken Pike, director for social policy at the New Brunswick Association for Community Living, agrees the government needs to make guidelines a priority.

Pike's group is looking for clarification around the definition of informed consent and what alternatives should be offered for those wishing to end their lives.

"I think it would be good for certainly the public to understand [what] the province is putting in place around this, so people can be clear around how this process is going to work in New Brunswick and how the safeguards are going to be applied in situations where people are contemplating [assisted dying]," said Pike.

The province doesn't intend to introduce its own doctor-assisted dying legislation, as Quebec has already done, according to the health department.

Increase in assisted dying cases?

The number of assisted dying cases in New Brunswick will likely increase in the coming years, according to Schollenberg.

He points out how the number of deaths in Belgium and Quebec has grown significantly over time.

"The natural expectation is it starts slowly and then reaches a certain level," said Schollenberg.

Gokool is unsure whether the number will increase, given what she describes as major obstacles to access doctor-assisted dying in New Brunswick.

At least five hospitals in the province still affiliated with the Catholic Church have been exempted from having to follow the assisted dying legislation because of religious considerations, according to Vitalité Health Network officials. 

Gokool said she's also heard of patients having difficulty getting the approval of a second doctor. Two independent assessments are required to be eligible.

"If you don't have that second physician available, it's going to be very difficult for the primary provider [to carry out] assisted dying."