Medical Assistance in Dying: Lessons for Australia from Canada
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Physician Assisted Suicide: the Great Canadian Euthanasia Debate
International Journal of Law and Psychiatry 36 (2013) 522–531 Contents lists available at ScienceDirect International Journal of Law and Psychiatry Physician assisted suicide: The great Canadian euthanasia debate Arthur Schafer ⁎ Department of Philosophy, University of Manitoba, Canada Centre for Professional and Applied Ethics, University of Manitoba, Canada article info abstract Available online 13 July 2013 A substantial majority of Canadians favours a change to the Criminal Code which would make it legally per- missible, subject to careful regulation, for patients suffering from incurable physical illness to opt for either Keywords: physician assisted suicide (PAS) or voluntary active euthanasia (VAE). This discussion will focus primarily Physician-assisted suicide on the arguments for and against decriminalizing physician assisted suicide, with special reference to the Voluntary active euthanasia British Columbia case of Lee Carter vs. Attorney General of Canada. The aim is to critique the arguments and Slippery slope argument at the same time to describe the contours of the current Canadian debate. Both ethical and legal issues raised Patient autonomy fi Lee Carter by PAS are clari ed. Empirical evidence available from jurisdictions which have followed the regulatory route Supreme Court of Canada is presented and its relevance to the slippery slope argument is considered. The arguments presented by both sides are critically assessed. The conclusion suggested is that evidence of harms to vulnerable individuals or to society, consequent upon legalization, is insufficient to support continued denial of freedom to those competent adults who seek physician assistance in hastening their death. © 2013 Elsevier Ltd. All rights reserved. 1. Introduction for policy and legislative options. -
Medical Assistance in Dying: Journey to Medical Self-Determination
JOURNEY TO MEDICAL SELF-DETERMINATION 777 MEDICAL ASSISTANCE IN DYING: JOURNEY TO MEDICAL SELF-DETERMINATION ROSE M. CARTER, Q.C. AND BRANDYN RODGERSON* In 2016, the Supreme Court of Canada struck down the laws criminalizing medical assistance in dying (MAID) in Carter v. Canada (Attorney General). In this article, the authors discuss the historical prohibition on MAID in Canada, the important change in the law represented by Carter, and Bill C-14, the federal government’s legislative response to the Supreme Court’s verdict. The authors explain the new MAID regime created by Bill C-14 and discuss the various issues raised by the new legislation, including the possibly unconstitutional exclusion of patients not suffering from terminal conditions, problems of certainty in determining when death is “reasonably foreseeable,” problems related to patients’ mental capacity, and the need for effective data collection. TABLE OF CONTENTS I. INTRODUCTION ............................................. 777 II. HISTORY OF ASSISTED DEATH IN CANADA ........................ 779 A. TERMINOLOGY ......................................... 779 B. THE HISTORY OF SECTION 241 OF THE CRIMINAL CODE .......... 780 C. BILL C-14 ............................................ 790 III. THE CURRENT MAID REGIME ................................. 793 A. LEGISLATIVE ELIGIBILITY REQUIREMENTS ................... 793 B. FIRST STAGE: REQUESTING MAID.......................... 795 C. SECOND STAGE: ASSESSMENTS FOR ELIGIBILITY ............... 796 D. FINAL STAGE: ENGAGING MAID.......................... -
The Supreme Court of Canada and Sue Rodriguez Mykitiuk, R., & Paltiel, J
Osgoode Hall Law School of York University Osgoode Digital Commons Research Papers, Working Papers, Conference Osgoode Legal Studies Research Paper Series Papers 2014 Terminal Care, Terminal Justice: The uprS eme Court of Canada and Sue Rodriguez Roxanne Mykitiuk Osgoode Hall Law School of York University, [email protected] Jeremy Paltiel Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/olsrps Recommended Citation Mykitiuk, Roxanne and Paltiel, Jeremy, "Terminal Care, Terminal Justice: The uS preme Court of Canada and Sue Rodriguez" (2014). Osgoode Legal Studies Research Paper Series. 35. http://digitalcommons.osgoode.yorku.ca/olsrps/35 This Article is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Legal Studies Research Paper Series by an authorized administrator of Osgoode Digital Commons. OSGOODE HALL LAW SCHOOL LEGAL STUDIES RESEARCH PAPER SERIES Research Paper No. 24 Vol. 10/ Issue. 07/ (2014) Terminal Care, Terminal Justice: The Supreme Court of Canada and Sue Rodriguez Mykitiuk, R., & Paltiel, J. (1994). Terminal Care, Terminal Justice: The Supreme Court of Canada and Sue Rodriguez. Constitutional Forum, 5(2), 38-42. Roxanne Mykitiuk Jeremy Paltiel Editors: François Tanguay-Renaud (Osgoode Hall Law School, Toronto; Associate Professor and Director of the Jack & Mae Nathanson Centre on Transnational Human Rights, Crime and Security - Editor-in-Chief) James Singh (Osgoode Hall Law School, Toronto – Production Editor) This paper can be downloaded free of charge from: http://ssrn.com/abstract=2456697 Further Information and a collection of publications about Osgoode Hall Law School Legal Studies Research Paper Series can be found at: http://papers.ssrn.com/sol3/JELJOUR_Results.cfm?form_name=journalbrowse&journal_id=722488 Osgoode Legal Studies Research Paper No. -
Assisted Suicide and the Supreme Court of Canada
University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2015-07-24 Winning Conditions for Charter Reconsideration: Assisted Suicide and the Supreme Court of Canada Ogilvie, Chelsea Ogilvie, C. (2015). Winning Conditions for Charter Reconsideration: Assisted Suicide and the Supreme Court of Canada (Unpublished master's thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/28714 http://hdl.handle.net/11023/2363 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY Winning Conditions for Charter Reconsideration: Assisted Suicide and the Supreme Court of Canada by Chelsea Ogilvie A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS GRADUATE PROGRAM IN POLITICAL SCIENCE CALGARY, ALBERTA JULY, 2015 © Chelsea Ogilvie 2015 Abstract In February 2015, the Supreme Court struck down Canada’s prohibition of physician-assisted suicide (PAS). Not only did the Carter decisions mark a historic point in the long fight to legalize PAS in Canada, but it was also the second Supreme Court case in a little over a year to revisit, and depart from, an earlier Charter precedent. Stare decisis, or precedent, is a fundamental doctrine of the legal system that judges are reluctant to ignore. -
In Canada Market Research Done? Medical Problems
ISSN #1481-7314 Vol. 8, No. 3 Jul. - Sep. 2006 A QUARTERLY NEWSLETTER BY AND FOR THE MEMBERS OF: Choice in Dying - Ottawa Dying With Dignity Canada Right to Die Society of Canada Sharma is free on $50,000 bail and is no husband John visited her every day; NEWS longer working as a doctor in the area. hospital staff members noticed that they were very devoted to each other. Unfortunately, John also was having in Canada Market Research Done? medical problems. He had suffered a series An August 5 Vancouver Sun story of small strokes, and since then had been Vernon Is Not Lugano or Zurich reported the theft of some drugs from a having memory difficulties. veterinarian’s car. The thief discarded At some point Lorna and John were told As was mentioned in the first 2006 much of the loot but kept 11 vials contain- that Lorna would not be able to live at home issue of Free To Go, nursing homes in ing “a number of different drugs used for any more. When she was well enough to the Swiss cities of Lugano and Zurich have euthanizing or operating on animals”. leave the hospital, she was to be transferred been allowing residents to receive suicide These drugs likely included pento- to a nursing home. assistance (from the group called Exit) for barbital and thiopental. For aid in dying, Both partners probably accepted this, at several years now. pentobarbital (a veterinary euthanatic) is first; John spoke with the manager of his But things are not at that stage in the drug most frequently used when the apartment building about having to move, Vernon BC. -
Euthanasia in Shambhala
Euthanasia in Canada: A Shambhala Buddhist Perspective By Nicola Elaine Fendert A Thesis Submitted to Saint Mary’s University, Halifax, Nova Scotia in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Theology and Religious Studies August, 2014, Halifax Nova Scotia Copyright Nicola Fendert, 2014 Approved: Dr. Alec Soucy Professor Approved: Dr. Mary Hale Professor Approved: Dr. Anne Marie Dalton Professor Date: August, 2014 Table of Contents Abstract ............................................................................................................................... i Introduction ........................................................................................................................1 Defining Euthanasia .........................................................................................................2 Methodology ....................................................................................................................4 Chapter Summary .............................................................................................................6 Chapter One: Euthanasia in Canada ...............................................................................8 Canadian Context .............................................................................................................8 Euthanasia Arguments and Ethical Positions .................................................................14 Slippery slope argument ............................................................................................................... -
End-Of-Life Care and the Right to Die Foreword
Survival and the citizen: Micro-dialogues on key challenges End-of-life care and the right to die Foreword People everywhere hope for a peaceful, pain-free death. The reality is often very different and advances in medical technology have led to the increasing medicalisation of the dying process. Many people spend their last days surrounded by the invasiveness of machines, tubing and noise. This inevitably raises ethical and legal issues concerning the dignity and autonomy of the patient, including the question of whether physicians should accede to a patient’s request to facilitate her/his own death, or end the life of a patient at her/his own request. The right to die with dignity was the focus of discussions at two meetings of the Oireachtas Joint Committee on Justice and Equality on 22 and 29 November 2017. Some jurisdictions such as Holland, Belgium, Luxembourg, as well as some states in U.S.A, and Canada, have enacted so-called ‘right to die’ legislation that makes it legally permissible for physicians to assist patients to end their own lives or to have their lives ended by a physician. Should Ireland enact such legislation? Professor Mary Donnelly of the Faculty of Law, University College Cork, and Professor David Albert Jones, Director of the Anscombe Bioethics Centre, Oxford, explore the issues pertaining to death with dignity and the right to die for this micro-dialogue in the Survival and the Citizen project. Each of them makes an opening statement on the topic, followed by responses to each other, arguing the case for and against the legalisation of assisted dying by medical means. -
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News & Letters A New Way To Die Laura Forrest1 1Faculty of Medicine, University of Ottawa On Friday, February 6th, 2015 the Supreme Court of Canada THE CURRENT CASE changed the way some Canadians can die. It struck down a twen- ty-two-year old ruling denying access to assisted-suicide by mod- Kathleen Carter and Gloria Taylor challenged this ruling in 2011 ifying the Criminal Code such that all adults who “clearly con- by arguing that the previous decision was too broad. They sent” and who suffer from a “grievous and irremediable medical claimed that, as such, it also prohibited access to assisted-suicide condition (including an illness, disease, or disability) that causes to those outside the class of vulnerable persons, who are com- enduring suffering and that is intolerable to the individual in the petent, fully-informed, and not being coerced [1]. The challenge circumstances of his/her condition” can access assisted-suicide against this ruling in 2011 by Carter, 89, who suffered from spinal [1]. stenosis (narrowing of the spinal canal with spinal cord compres- sion), and Taylor, 64, who suffered from ALS brought the Rodri- This decision remains controversial despite the fact that 68% of guez case back into question. These women had poor prognoses Canadians support the legalization of assisted-suicide, accord- and were fighting for the right to die peacefully and with dignity. ing to one recent poll conducted by the Environics Institute, a not for profit research group [2]. Advocates of people who suffer This time the Supreme Court found that the current legislature greatly due to medical conditions defined above are ecstatic and was too broad and created a “duty to live” precedent, which goes relieved, while advocates of vulnerable populations (e.g. -
Commentary Page, Winnipeg Free Press, July 19, 2012 How Slippery
Commentary Page, Winnipeg Free Press, July 19, 2012 How slippery is the slippery slope? Arthur Schafer Ms. Gloria Taylor, a British Columbia ALS patient, insists that it should be up to her to decide when the prospect of continued life is worse than the prospect of hastened death. Once she reaches that point, however, she may no longer be physically able to end her own life. So, she claims, it is her right to seek assistance in dying from a willing physician. What I want is to be able to die in a manner that is consistent with the way that I lived my life. I want to be able to exercise control and die with dignity and with my sense of self and personal integrity intact. I want to be able to experience my death as part of my life and part of my expression of that life. I do not want the manner of my death to undermine the values that I lived my life in accordance with… A great majority of Canadians supports Ms. Taylor’s position. Similar support existed nineteen years ago for Sue Rodriguez, another ALS patient who fought her case all the way to the Supreme Court. Ms. Rodriguez lost, but only very narrowly, by a five to four vote. Despite strong public support for decriminalization of physician assisted suicide [PAS], it remains illegal in Canada. Attempting suicide ceased to be a crime in 1974; but aiding someone to commit suicide remains an offence punishable by up to fourteen years in prison. The voluntary request of the patient - even when s/he is a competent adult, rational and fully informed - is no defence. -
Suspended Declarations of Invalidity
The Judicial Notwithstanding Clause: Suspended Declarations of Invalidity B R I A N B I R D * ABSTRACT This article considers suspended declarations of invalidity – court orders in Canada that, like use of the notwithstanding clause by legislatures, temporarily give life to unconstitutional laws. Suspended declarations exceed the judicial review powers of Canadian courts, but the unwritten constitutional principle of the rule of law authorizes them where an immediate declaration of invalidity would create lawlessness. The prospect of this scenario yielded the first suspended declaration in Canada, which I consider a legitimate use of the remedy. Since then, however, the legal basis for this remedy has become obscured and, as a consequence, use of the remedy has at times been unprincipled. Suspended declarations can threaten the rule of law if they are misunderstood. In 2015, a court in Quebec upheld legislation in that province allowing physician-assisted death during the period in which the federal crime of assisted suicide remained valid due to a suspended declaration. Where a valid federal law and a valid provincial law conflict, the federal law prevails. Allowing the Quebec law to operate alongside the valid federal law during that period violated the rule of law. Regarding separation of powers, the Canadian Constitution expressly permits legislatures to give life to certain unconstitutional laws via the notwithstanding clause. Courts engage in this kind of activity when they issue suspended declarations. The federal government could have used the notwithstanding clause for physician-assisted death to extend the period of suspended invalidity. There was no need to ask the Supreme Court for the * Brian Bird is the 2019-2020 John and Daria Barry Postdoctoral Research Fellow in the James Madison Program in American Ideals and Institutions at Princeton University. -
My Right to Live Trumps Your Right to Die
My right to live trumps your right to die By Derek Miedema, Published November 28, 2011 Letter-writer Anneke Jansen thinks her two severely disabled sons would be better off dead (Bring An End To My Children's 'So-Called' Life, Nov. 23). I give thanks every day that my disabled twin brother is alive. Due to complications at birth, he is still in diapers and fed via a feeding tube even though he's 39. He gets around in a wheelchair only when pushed by someone else. He can't talk, and yet, he has taught me more about what it means to be human than anyone else I know. Though the euthanasia question is framed in the language of choice and personal autonomy, the legalization of assisted suicide endangers those with no voice. In Belgium, one-third of euthanasia deaths done by doctors occur without the explicit request of the person killed, according to a 2010 study of euthanasia in Belgium. Why? Some doctors decided for the patient that euthanasia was the best option. Though hard to believe, others thought the conversation about dying would be too stressful for the patient, so they killed them instead. In Switzerland, a 23-year-old rugby player, paralyzed as a result of a training accident, was depressed. Who wouldn't be? He was euthanized despite research that shows people with a spinal cord injury can and do create a satisfying quality of life with time and proper societal and family support. Reports from the Netherlands indicate that 500 people died without their consent in 2005 alone. -
The Case of Robert Latimer: a Commentary on Crime and Punishment
THE CASE OF ROBERT LA TIMER 1017 THE CASE OF ROBERT LATIMER: A COMMENTARY ON CRIME AND PUNISHMENT. Barney Sneidennan • My object most sublime I shall achieve in time To make the punishment fit the crime. Gilbert and Sullivan, "The Mikado" I. NOTE TO TIIE READER This paper is about the sentencing of Robert Latimer, a Saskatchewan fanner convicted of second-degree murder for the killing of his severely disabled twelve-year old daughter. As it now stands, he is facing life imprisonment and will not be eligible for parole until he has served ten years. I do not discuss the facts of the case (except insofar as they address Latimer' s motive) as the reader will undoubtedly have a general familiarity with the events surrounding the death of Tracy Latimer. That is because the case has been intennittently in the news for the last six years; I doubt that any Canadian courtroom drama has attracted more media attention and public interest than this "mercy-killing" case. But since I do not even mention Robert Latimer until the sixth page, I owe it to the reader to explain my approach to the subject. First, for reasons explained in due course, I begin by presenting the perspective of those in the disabled community - by which I mean the disabled themselves and their caregivers, often the parents - who oppose leniency for Latimer. As one such member of that community has said, the Latimer case cannot be viewed in isolation from various health care issues of concern to the disabled; for that reason I believe it necessary to place that perspective in a context.