Pashta MaryMoon (Facebook)

Victoria woman wins court battle to keep job title of ‘death midwife’

Pashta MaryMoon has been in the business of death midwivery for 40 years

A Victoria woman will get to keep her self-described job title of “death midwife” despite best efforts for an injunction made by the College of Midwives of B.C. in a provincial court recently.

The issue between the college and Pashta MaryMoon first began in 2016, when the provincial midwives regulator wrote a letter to MaryMoon asking her to stop using the term.

MaryMoon, who said her work involves providing help to people who are dying, declined to change her self-title and continued to use it on the website Dying with Dignity Canada, as well as on her social media accounts.

In late 2018, the college took MaryMoon to B.C. Supreme Court, seeking an injunction for her to stop using the name. But Justice Neena Sharma struck down the application on Monday.

While Sharma determined that MaryMoon calling herself a midwife when she isn’t a member of the college does violate the Health Professions Act – which prevents people from using the term to reference work outside of the role of a traditional midwife – the piece of legislation itself is unconstitutional and an infringement on MaryMoon’s right to freedom of expression.

READ MORE: B.C. college of midwives seeks to ban term ‘death midwife’

The Supreme Court of Canada “has been very clear that short of physical violence, or threats of violence, any activity that conveys meaning is prima facie protected expression,” Sharma wrote in her decision published online this week.

“As soon as an action is capable of communicating anything to another person, it has meaning and is protected expression. In my view, when the respondent refers to herself as a ‘death midwife’ there can be no doubt that she is conveying meaning.”

The college, along with the Attorney-General of B.C., argued that the Health Professions Act was created to clear any confusion for British Columbians and patients of whether a provider is licensed or not. But MaryMoon countered that the definition of midwife isn’t solely for pregnancy.

Sharma agreed with the death midwife.

According to the court documents, MaryMoon was trained by one of the first death midwife in the U.S., whose website first launched in 1997. She has been providing what she calls “deathcare services” for more than 40 years, which includes helping a dying person and their family find meaning in their death by bringing about a “a peaceful, respectful and compassionate death and post-death experience.”

The college’s executive director Louise Aerts told Black Press Media that she’s concerned about the judgment and “its potential impact on public safety.”

“At this time, we are carefully reviewing the repercussions and considering our options to move forward, including legal action such as an appeal,” she said.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Kootenay Lake ferry labour dispute ends with ratified agreement

The deal was approved by 83 per cent of members

November in West Kootenay saw only third of normal precipitation

Stalled weather system lingered over region

Police watchdog exonerates RCMP in Bonnington death

Officer’s shots were justified, report says

LETTER: Reflections on democracy and community from former Green party candidate

Abra Brynne ran in the 2019 federal election to be Kootenay-Columbia’s MP

Basin economic snapshot shows Kootenay a mixed bag

State of the Basin report shows economic recovery from recession a slow go

VIDEO: Rockslide closes Highway 93 in Fairmont Hot Springs

Geotechnical team called in to do an assessment after rocks fell from hoodoos

Illict drug deaths down, but B.C. coroner says thousands still overdose

Chief coroner Life Lapointe says province’s drug supply remains unpredictable

Trustees ask for more help after tearful meeting on B.C. school’s ‘toxic’ stench

Enforcement has ‘no teeth,’ school trustee says, while kids become sick

One of B.C’s last surviving strip clubs baring all again for Christmas charity

25th annual event is Sunday and raises money for the Maple Ridge-Pitt Meadows Christmas Hamper Society.

University of Victoria researchers develop industry-changing ‘hyper-glue’

‘Cross-linking’ technology already playing a role in performance body armour

Threats to the Fraser River at ‘new zenith,’ says river conservationist

The ‘Heart of the Fraser’ should be deemed ecologically significant according to ORC statement

Grandparents raising children: Shuswap grandma sees need for support

Peer group formed for those who have unexpectedly taken on the role of parenting

Final appeal rejected for man convicted in deaths of missing Alberta seniors

Lyle and Marie McCann were in their 70s when they left their home in St. Albert in 2010 and vanished

Thieving gun-toting Santa breaks into Princeton restaurant, makes icing sugar sandwich

The suspect allegedly made a sandwich of icing sugar and ham

Most Read