Family waits for a trial

RHONDA SPIVAK

Miriam Geller, the daughter of Sam Golubchuk, said her family "hopes to have the financial means to go to trial" against the hospital that unsuccessfully tried to remove Golubchuk from his life-support system over three and a half months ago.

Last month, Justice Perry Schulman of the Manitoba Court of Queens Bench granted the family an interim injunction preventing Winnipeg's Grace Hospital from removing the 84-year-old Orthodox Jewish man from his life-support system until his case goes to trial. In making his order, Schulman ruled that a court could intervene where doctors want to end a patient's life against the religious convictions and wishes of his or her family.

Geller told the Independent that, at this time, the Euthanasia Prevention Coalition of Canada "is the only one that has given us financial assistance."

She also noted that Joseph Ben Ami, president of the Canadian Centre for Policy Studies, has set up a website for the Golubchuk family. "His [Ben-Ami's] organization has undertaken to assist us in fundraising so as to enable us to be in a position to go to trial," she said.

According to Neil Kravetsky, the family's lawyer, a number of things would have to occur before the matter is ready for trial, including an exchange of documents, independent medical examinations and examinations for discovery. "I have not heard from counsel for the hospital as to whether they are going to appeal Justice Schulman's interim ruling granting the injunction. They may decide they would rather proceed to trial, as opposed to appealing," said Kravetsky.

If no appeal is submitted, then the trial is expected to commence in December.

Percy Golubchuk, a part-time advertisement salesperson for the Winnipeg Jewish Post and News, said, "There are over 3,500 people from all around the world that have been writing to us on our website telling us that they support our position."

Rhonda Spivak is a Winnipeg freelance writer.

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