HS (RE), 2016 ABQB 121
6.28: Application of this Division
An adult woman in the final stages of ALS applied to the Court by way of Originating Application, seeking to end her life by means of physician-assisted death. In considering the Application, the Court considered the confidentiality concerns surrounding such Applications. Martin J. observed that the circumstances of the case demonstrated a necessity for a Confidentiality Order. Her Ladyship noted that the confidentiality concerns would be addressed at the Originating Application instead of at a separate Application to deal with confidentiality, as is contemplated by Division 4, Part 6 of the . Justice Martin observed that contains the proviso which states that Division 4, Part 6 applies “unless an enactment otherwise provides or the Court otherwise orders”. Justice Martin stated that, “the Court may exercise its discretion to depart from these general rules in this distinctive type of application”.
Justice Martin determined that this was an appropriate case to proceed in camera, and ordered that the Court file and Affidavit in this matter be sealed, and that the Judgment be released with the parties identified by initials only.View CanLII Details