Pashta MaryMoon (Facebook)

B.C. Appeal Court prevents Victoria woman from using the term ‘death midwife’ in her job

Pashta MaryMoon claimed she had been providing “death-care services” for more than 40 years

A woman who calls herself a “death midwife” has been banned from using the title after a lengthy legal battle launched by the College of Midwives of British Columbia.

The B.C. Appeal Court has overturned a lower court ruling that had granted Pashta MaryMoon the right to use the term when she argued that preventing her from using it violated her charter rights.

MaryMoon claimed she had been providing “death-care services” for more than 40 years and her work has nothing to do with delivering babies.

MaryMoon’s lawyer claimed in the appeal that the ability to use the title for her vocation is connected to her self-worth, identity and dignity, which should be protected under the charter.

A three-member Appeal Court panel unanimously overturned the decision and has granted an injunction preventing her from using the title, saying the issue is mostly commercial and the argument that her rights were violated was tenuous.

Writing for the panel, Justice Peter Willcock said the lower-court judge was faulty in two respects: first, she overstated the infringement of expression and second, she misunderstood the legislative rule that prompted the infringement.

“For those reasons, in my view, the chambers judge read the prohibition too widely when she found it restrained(MaryMoon’s) ability to describe her work by using the word ‘midwife’ in any capacity,” Willcock said in the decision released Wednesday.

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

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

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

BC Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Sources, City of White Rock launch Thanksgiving Food Drive

Volunteers, donations sought for annual food-bank initiative

Surrey man charged with series of break-ins in Surrey, Langley

David Sinh Liu is facing 10 charges related to seven recent break-ins

COVID-19 exposures at Surrey schools: An updated list

Fraser Health has created a new webpage listing COVID-19 cases in schools

Future of Massey Tunnel replacement in the air after snap election called

On Friday the ministry said it was identifying property ‘necessary for future infrastructure improvements’

COVID-19: 4 more deaths, 366 new cases in B.C. since Friday

A total of 8,208 people in B.C. have tested positive for COVID-19 since January

Group wants Parliament, courts to hold social media to same standard as publishers

Daniel Bernhard made the comments shortly after Friends of Canadian Broadcasting released a research paper

COVID-19 testing lineup wraps around block in Chilliwack

Testing lineup includes seniors, children and their parents as demand seems to surge

B.C.’s Chase Claypool catches first NFL touchdown pass

Abbotsford grad establishes new record for longest scrimmage TD by a Canadian

B.C. has highest number of active COVID-19 cases per capita, federal data shows

B.C. currently has 1,803 active cases after weeks of COVID-19 spikes in the province

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

181 days gone: Family continues to look for man last seen in RCMP custody 6 months ago

Brandon Sakebow’s last known location was leaving Mission RCMP cell, police say; family has doubts

Mission poker player missing in Nevada is found alive and safe

Brad Booth went missing in July 13, found in mid September

Most Read