Evelyn Martens

Who is Evelyn Martens? She is a 74 year old member of the executive of the Canadian Right to Die Society, who has been active in their equivalent of the 'caring friends', a group in the USA which supports people with intolerable and unrelievable suffering who wish to end their suffering. She had been present at a number of such suicides.

She was charged with aiding and abetting the suicides of two women - a former nun, 64 year old Monique Charest (who was not terminally ill, but suffered chronic poorly relieved spinal pain), and Vancouver teacher 57 year old Leyanne Burchell (who had terminal stomach cancer).

Evelyn did not deny that she was present when both women took their lives. She had been deliberately trapped by a Canadian Mountie masquerading as Charest's god-daughter. The two women used different methods, including sedative drugs and opioids plus Exit bags and helium, which Martens had had in her possession.

There was clear evidence that each woman had decided to end her life because of chronic, progressive suffering, and that they had taken action themselves. Although Martens was clearly present, as was another Canadian Right to Die Society at Charest's death, there was no evidence to confirm that she had taken any active part in their suicides. The judge emphasized the importance of Marten's intention in being present.

The jury determined that she was not guilty. This confirms that simply being present at a suicide is not a crime (a` la Nancy Crick). The prosecution must prove that some assistance was given It also means that having, and possibly providing the means of suicide was not regarded by this jury as aiding and abetting in these circumstances of intolerable and unrelievable suffering. Defence Counsel Catherine Tyhurst said that to be found guilty, the accused must now be shown to be an active participant with the clear intention of helping someone commit suicide. Perhaps the jury found Evelyn Marten's intention to be compassionate, not criminal. Perhaps the jury did not see that such involvement was a crime in these specific circumstances.