Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts

Monday, 4 March 2013

Euthanasia in B.C. court

Photo courtesy of KateMcP's


Gloria Taylor’s suffering with ALS ended in October, and for her 85 year-old mother the pain is still fresh. “It is cruel, to make them suffer even more in dying,” said Anne Fomenoff as she fought back tears at the BC Civil Liberties press conference in support of doctor assisted suicide.

Taylor was given an exemption by the Supreme Court, which allowed her to ask a doctor to help her end her life, but euthanasia remains illegal. The BCCLA is in court to try and change the law. The family of Taylor appeared at a press conference Sunday to support the advocacy group’s lawsuit.


“My daughter believed, as do I, that people should be able to make choices as to how much suffering they can endure,” said Fomenoff.


Fromenoff, who has worked in hospice care most of her adult life, said that the worst day of her life was when her daughter called to tell her of her ALS diagnosis.

“It was horrendous,” she said.


ALS, or Lou Gehrig's disease, is a fatal neurodegenerative disease that progressively shuts down the body to the point the person cannot breathe and dies of respiratory failure.


Taylor ultimately did not exercise her right to choose medical intervention to end her life. She died at home on Oct.4, 2011 of an infection, but her mother says knowing she could choose to end her own life helped Taylor live her final days without fear of further suffering.


“She was the voice for the rights of the seriously ill. We are continuing the struggle for compassion in Gloria’s name.” said Fomenoff.


The BC Court of Appeal will hear arguments in the case until March 8.

For information on those who oppose euthanasia, see the Euthanasia Prevention Coalition.

What is your opinion on this issue Burnaby residents? I would love your feedback. 

Saturday, 2 March 2013

Changes in family law set to shake up divorces in Burnaby



Photo used with the permission of LegalAssistance


Effective March 18, 2013 The Family Law Act will change, possibly reducing the financial and emotional cost for divorcing couples.

One of the major changes is the push for different ways to solve disputes. Now, the courts encourage mediation, but it is left up to couple whether or not to pursue it. With the new statute, the court or one of the couple can impose mediation.

Those involved in the court system admit the current pervasiveness of litigation tends to make conflict increase. Garth Edwards, who has practised family law in Richmond for 27 years, says he sees couples come in to his office confused about what the legal system can offer them.
“Mainly people think they are going to receive ‘justice’ which is of course a movable concept,” said Edwards by written statement “In short, they expect a lot more than they get.”
Mediation is potentially less conflict ridden, often far less expensive and less intimidating than going to court, but how a disgruntled spouse will react to being forced into mediation is still to be seen.

In the new Act, the words custody and access are gone. Guardianship will be the only term to describe caring for the children. Parents will have parental responsibilities. The time a child spends with a parent will be called parenting time. The idea is to put the focus on the children and not who ‘owns’ the children, as the former language seemed to imply.

Change needed



Dean DenommeSime, of Burnaby, welcomes the changes. He divorced his sons' mother in 2000 and says nothing could have prepared him for the emotional and financial toll the three-year divorce and custody battle took. 

“There is inequality and no accountability to the system,” says DenommeSime.


Eventually, DenommeSime won sole custody, but it wasn’t without a heavy toll.  He believes because of the lengthy battle — and the lengths he had to go to to win in court — there are scars. Everyone was impacted, says DenommeSime.

The new Act has yet to be interpreted by a judge so it will be some time before it is clear how these changes will impact divorcing families.

Are you a Burnaby resident with something to share about your divorce experience? I would love to hear about it. Post below or email me at thuncher@shaw.ca