A Fort Langley woman will be taking on the government of Canada in a battle over assisted suicide.

Lee Carter’s own mother, 89-year-old Kathleen Carter, ended her life in Switzerland in January last year, after spinal stenosis left her in chronic pain and unable to care for herself.

This week, Carter, Hollis Johnson, and Dr. William Shoichet of Victoria along with the B.C. Civil Liberties Association are asking the B.C. Supreme Court to overturn the Criminal Code provisions against assisted suicide. Their legal challenge says the laws are unconstitutional.

“I think there are a lot of Canadians who would like to have the choice,” Carter told the Langley Advance.

Her mother Kathleen had lived a healthy and active life before her condition began taking effect. It confined her to a wheelchair, unable to feed herself.

She feared losing all her independence and becoming trapped in her own body, Carter said.

In 2009, Kathleen went to her own daughter and asked for help ending her life.

“I didn’t give it really a second thought,” Carter said.

Her mother had given her so much, and Carter said she felt an obligation to give back.

Carter and her husband arranged for Kathleen to be taken to Zurich in Switzerland, one of the few locations in the world where assisted suicide is legal for those from out of country.

The six-month process was a tough one for the family, both mentally and physically.

Kathleen’s seven children were all told about the decision, and her grandchildren were also told later, Carter said.

But few outside the family knew what was going on, because assisting suicide could lead to a maximum sentence of 14 years in prison.

“It was hard because it was in a cloud of secrecy, and I wasn’t really free to share it with people,” Carter said.

Her mother also left without really saying goodbye to friends, including fellow residents and staff at her care home.

“She couldn’t tell them the truth, and she really regretted it,” Carter said.

It cost the family about $30,000 to travel to Zurich, stay there for five days, and meet with doctors several times so they could confirm that Kathleen was truly sincere.

The BCCLA became aware of the case in 2010 and contacted Carter and her husband about the legal challenge.

She hopes that the challenge will open up assisted suicide to Canadians.

She noted that many people are in her mother’s situation, but simply don’t have the resources to travel out of the country.

The suit will replicate the legal battle nearly 20 years ago initiated by Victoria’s Sue Rodriguez, who lost before the Supreme Court of Canada in a controversial split 5-4 decision.

In spite of the 1993 ruling, she committed suicide in 1994 with help of an anonymous doctor.

The makeup of the Supreme Court has changed since 1993 and the justice who wrote the most resounding dissent defending the right to die, Beverley McLachlin, has become chief justice.

– with files from the Vancouver Sun