DOCSLIB.ORG

Euthanasia and Assisted Suicide in the Post-Rodriguez Era: Lessons from Foreign Jurisdictions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Euthanasia and Assisted Suicide in the Post-Rodriguez Era: Lessons from Foreign Jurisdictions Osgoode Hall Law Journal Volume 38 Issue 4 Volume 38, Number 4 (Winter 2000) Article 5 10-1-2000 Euthanasia and Assisted Suicide in the Post-Rodriguez Era: Lessons from Foreign Jurisdictions Michael Cormack Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Medical Jurisprudence Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Cormack, Michael. "Euthanasia and Assisted Suicide in the Post-Rodriguez Era: Lessons from Foreign Jurisdictions." Osgoode Hall Law Journal 38.4 (2000) : 591-641. https://digitalcommons.osgoode.yorku.ca/ohlj/vol38/iss4/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Euthanasia and Assisted Suicide in the Post-Rodriguez Era: Lessons from Foreign Jurisdictions Abstract Euthanasia and assisted suicide are highly controversial subjects that have drawn much attention in Canada over the last two decades. This paper outlines how the Netherlands, the United States, Australia, and Canada have approached the practices. Jurisprudence, public opinion polls, legislative developments, and the positions of medical organizations and their members are included in the analysis. A number of arguments for and against the continued prohibition of the practices in Canada are evaluated. As well, information regarding the extent to which euthanasia and assisted suicide are performed in these countries is assessed. It will be shown that Canadians currently enjoy significant control over decisions concerning the end of life. The principles of autonomy and beneficence provide the foundation necessary to justify lifting the prohibition of voluntary euthanasia and assisted suicide in Canada. With regard to the development of safeguards, the way in which foreign jurisdictions have dealt with both procedures is highly instructive. A qualified system of pre-authorization, unlike those adopted elsewhere, would prevent abuses from occurring and maintain the prohibition of non-voluntary and involuntary euthanasia. Since legislators are in the best position to deal with the issues, change in the law should be made by the government, not the judiciary. Practical legislation is feasible and a proposal of what this should entail is presented. Keywords Euthanasia--Law and legislation; Assisted suicide--Law and legislation; Netherlands; Canada; United States; Australia Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol38/iss4/5 EUTHANASIA AND ASSISTED SUICIDE IN THE POST-RODRIGUEZ ERA: LESSONS FROM FOREIGN JURISDICTIONS© BY MICHAEL CORMACK* Euthanasia and assisted suicide are highly controversial Au Canada, l'euthanasie et 'aide au suicide ont 6t6 subjects that have drawn much attention in Canada l'objet d'attention et de controverses pendant les deux over the last two decades. This paper outlines how the derni~res decennies. Cet article d6crit comment ces Netherlands, the United States, Australia, and Canada pratiques ont t6 abord6es aux Pays-Bas, aux Ettats- have approached the practices. Jurisprudence, public Unis, en Australie et au Canada. La jurisprudence, les opinion polls, legislative developments, and the sondages d'opinion, les d6veloppements 16gislatifs ainsi positions of medical organizations and their members que les positions de divers organisations medicales et am included in the analysis. A number of arguments for leurs membres sont inclus dans cette analyse. De and against the continued prohibition of the practices nombreux arguments en faveur et h l'encontre de in Canada are evaluated. As well, information l'interdiction continue de ces pratiques au Canada sont regarding the extent to which euthanasia and assisted 6valu6s. De plus, linformation quant a 'ampleur des suicide are performed in these countries is assessed. It pratiques de l'euthanasie et de l'aide au suicide dans will be shown that Canadians currently enjoy significant d'autres pays est 6valude. L'auteur d6montre que les control over decisions concerning the end of life. The canadiens exercent pr6sentement beaucoup de contr6le principles of autonomy and beneficence provide the quant aux ddcisions concemant la cessation de la vie. foundation necessary to justify lifting the prohibition of Les principes de l'autonomie et de la bienfaisance voluntary euthanasia and assisted suicide in Canada. fourissent le fondement n&cssaire pour justifier ]a fin With regard to the development of safeguards, the way de l'interdiction de l'euthanasie et de l'aide au suicide in which foreign jurisdictions have dealt with both volontaire au Canada. Quant aux sauvegardes, les procedures is highly instructive. A qualified system of pratiques des autres juridictions sont r6v6latrices. Un pre-authorization, unlike those adopted elsewhere, syst~me de pr6-autorisation, diff6rent de ceux would prevent abuses from occurring and maintain the d6velopp~s ailleurs, pourrait Ala fois pr6venir des abus prohibition of non-voluntary and involuntary et pourrait maintenir linterdiction de l'euthanasie non- euthanasia. Since legislators are in the best position to volontaire et involontaire. Puisque les 16gislateurs sont deal with the issues, change in the law should be made en meilleur position pour s'occuper de la question, les by the government, not the judiciary. Practical changements devraient se faire par le biais de la legislation is feasible and a proposal of what this should 16gislation. Cet article propose ce dont pourrait entail is presented. contenir un projet de loi addressant cette question 6pineuse. © 2000, M. Cormack * B.A., Simon Fraser University (School of Criminology), LL.B. Candidate, University of British Columbia. Special thanks to Professor Neil Boyd at Simon Fraser University: Your insight was invaluable. I also wish to thank the anonymous reviewers for their thoughtful critiques. 592 OSGOODE HALL LAW JOURNAL [VOL. 38 NO. 4 I. INTRODUCTION ........................................................... 592 I. DEFINING EUTHANASIA AND ASSISTED SUICIDE .......................... 593 III. THE LEGAL STATUS OF EUTHANASIA AND ASSISTED SUICIDE IN CANADA 595 IV. THE LEGAL STATUS OF EUTHANASIA AND ASSISTED SUICIDE IN OTHER LEGAL REGIMES ............................................... 601 A. A ustralia ................................................................ 601 B. The United States ......................................................... 604 C. The Netherlands .......................................................... 607 V. NORMATIVE JUSTIFICATION OF VOLUNTARY EUTHANASIA AND ASSISTED SUICIDE IN CANADA ....................................... 610 A. The Rodriguez "Consensus". ............................................... 610 B. Killing Versus Letting Die ................................................... 611 C. The Sanctity of Life ........................................................ 614 D. TheRightto Die? .......................................................... 615' E. The Integrity of the MedicalProfession ........................................ 616 F. Quality PalliativeCare is not the Solution ...................................... 617 G. Autonomy and Beneficence ................................................. 618 H. Slippery Slopes ............................................................ 621 I. Summary and Conclusion .................................................. 623 VI. THE NORMATIVE QUESTION MARK: THE SLIPPERY SLOPE ................ 623 A. The Netherlands .......................................................... 624 B. A ustralia ................................................................ 629 C. The UnitedStates ......................................................... 630 D . Canada ........... ..................................................... 632 E. Summary and Conclusion .................................................. 635 VII. PRACTICAL MEASURES ................................................... 636 A. Proposed Legislation ....................................................... 636 VIII. CONCLUSION .......................................................... 640 I. INTRODUCTION Terry Graham, a resident of Brampton, Ontario, suffers from a rare degenerative muscle disease known as mitochondrial myopathy. 2001 Euthanasiaand Assisted Suicide With little muscle to protect his nerves, he experiences overwhelming pain that cannot be entirely alleviated by morphine. He has been lobbying federal officials for the right to have a physician-assisted death, but his efforts have gone unrewarded.! The Graham case is only the tip of the iceberg. Euthanasia and assisted suicide are highly controversial subjects that have drawn much attention in Canada over the last two decades. The issues surrounding the prohibition of both practices are extremely complicated and demand an equally complex examination. The discussion below will outline how the Netherlands, the United States, Australia, and Canada have approached euthanasia and assisted suicide. Jurisprudence, public opinion polls, legislative developments, and the positions of medical organizations and their members will be included in the analysis. A number of arguments for and against the continued prohibition of the practices
Load more

Recommended publications
  • Jeffrey Brooks 16 JULY 2010 [email protected]
    CSMD – 170M C.G. – Question de mourir dans la dignité 16 JULY 2010 A brief in support of Euthanasia and Assisted Suicide presented to the Québec Select Committee on Dying with Dignity By Jeffrey H Brooks Montréal, QC H3E 1Z2 Under the Quebec Charter of Human Rights & Freedoms: Clause 2: Every human being whose life is in peril has a right to assistance. Clause 4: Every person has a right to the safeguard of his dignity, honour and reputation. Clause 5: Every person has a right to respect for his private life. Object: This brief proposes that every Quebecker should have the right to decide to end their life pre-maturely with appropriate professional assistance. The current option of allowing only passive assistance by withholding treatment is not acceptable and can be barbaric. With confidence, we respectfully request our honourable members of the National Assembly and their counsel enact legislation which would legalize procedures to provide for assisted suicide and euthanasia following appropriate specific protocols, safeguards against misuse, etc. Rationale: I believe personal life experience qualifies me to examine my own views and to present this brief in a clear and lucid manner. It is not theory; it is how I feel and the conclusions I arrive at after careful consideration. I view myself as an ethical person and take pride in doing the right thing. I actively participated in the care of my parents in their final years and days. This was done with sensitivity and much love. They were totally dependent but they were never a burden. My children were not very involved at that time.
    [Show full text]
  • Programme (Pdf)
    Canadian Political Science Association Association canadienne de science politique 81th Annual Conference May 27, 28, 29 2009 81e Congrès annuel 27, 28, 29 mai PROGRAMME Congress of the Humanities and Social Sciences Congrès des sciences humaines TABLE OF CONTENTS/TABLE DES MATIÈRES Buildings/Édifices 1 Acknowledgements/Remerciements 2 General Information/Renseignements généraux 3 2009 Programme Committee/Comité du programme 2009 4 CPSA Board of Directors/Conseil d’administration de l’ACSP 5 Special Event/Événement spécial 6 Other Special Events/Autres événements spéciaux 6-7 CPSA Business and Committee Meetings/Réunions d’affaires et comités de l’ACSP 8 Prizes/Prix 9-11 Section Index/Index des sections 12-16 Notices to Participants/Note à l’intention des congressistes 17-19 Workshops/Ateliers 19-26 Sessions/Séances 30-98 CPSA Trust Fund/Fonds de prévoyance de l’ACSP 101 Participants 102-115 A Personal Timetable/Un horaire personnel 117 AGM Agenda and annual reports/Ordre du jour pour la AGA et les rapports annuels 118-151 Campus Map/Carte du campus 152 BUILDINGS / ÉDIFICES The CPSA sessions will be held in the following buildings (see sessions for room numbers): Les séances de l’ACSP auront lieu dans les édifices suivants (voir les séances pour les numéros des locaux) : Édifice Loeb Building Édifice Mackenzie Building Édifice Tory Building Édifice Southam Building 1 ACKNOWLEDGEMENTS Joseph Wong, University of Toronto The CPSA wishes to acknowledge the following organisations for their assistance with this year’s conference: • the Social
    [Show full text]
  • Thesis Final
    In Pursuit of a Good Death: Responding to Changing Sensibilities in the Context of the Right to Die Debate A thesis submitted in fulfilment of the requirements for the degree of Doctor of Juridical Studies at the University of Sydney VICTORIA HILEY The Faculty of Law University of Sydney January 2008 ABSTRACT This thesis challenges a number of claims that are made in the context of the euthanasia debate: that there is only one version of the good death; that rights discourse is the most appropriate vehicle by which to secure legal recognition of a right to die; that the Netherlands is either a model for reform or the epitome of a slippery slope in its regulation of euthanasia; and that a key argument in the euthanasia debate, the sanctity of life doctrine, is a fixed, immutable concept. In this thesis I use process sociology, developed by Norbert Elias, in order to capture changing sensibilities toward death and dying in the common law jurisdictions (Australia, England, the United States of America, Canada and New Zealand) and in the Netherlands. At the same time I analyse changing attitudes among key groups whose work impacts upon the euthanasia debate namely, parliamentarians, law reform bodies, the judiciary and medical associations. My aim in adopting this approach is threefold. First of all, to examine evolving attitudes to death and dying in order to determine whether the institutions of law and medicine are responding in an adequate manner to changing sensibilities in the common law countries and in the Netherlands. Secondly, to highlight shifting balances of power within the euthanasia debate.
    [Show full text]
  • Submission to Inquiry Into Voluntary Assisted Dying
    Submission to Inquiry into Voluntary Assisted Dying Joint Committee | South Australia | August 2019 This is page is left blank intentionally to allow for double-sided printing 2 “Palliative care services are not offering what a percentage of their patients desperately need. Palliative care has become a mantra chanted by … politicians and religious organisations opposing euthanasia.” − Clive Deverall, founder of Palliative Care WA “While pain and other symptoms can be helped, complete relief of suffering is not always possible, even with optimal palliative care.” – Palliative Care Australia “It is not the role of any health care team to suggest its ministrations can give meaning, purpose and dignity to a dying person’s remaining life if that person feels that these are irretrievably lost … palliative care is a model of care, not a moral crusade.” − Professor Michael Ashby, Director, Palliative Care, Tasmanian Health Service 3 This is page is left blank intentionally to allow for double-sided printing 4 What’s in this Submission INTRODUCTION Page 7 PART A What The Evidence Shows Page 9 The need for Voluntary Assisted Dying laws in Australia PART B Assisted Dying In South Australia Today Page 15 An incoherent, largely unregulated, and inequitable legal situation PART C Beyond Pain Page 31 Why more resources for palliative care alone will not address the need for Voluntary Assisted Dying PART D Responding To Key Arguments Against VAD Page 59 PART E Fear. Uncertainty. Doubt. Page 81 Tactics used to create an alarmist picture of assisted dying PART F Propaganda Case Studies Part 1. Fatal Flaws Page 105 Part 2.
    [Show full text]
  • Mcquiston, Terence
    by Terence McQuiston M.D. A FRESH PROPOSAL FOR EUTHANASIA LEGISLATION IN CANADA Here follows first an preface concerning my political experience with legalized euthanasia, then the summary of my proposal for the new legislation, and then the full text of my proposal for the new legislation with appendices. PREFACE: MY EXPERIENCE IN THE POLITICS OF LEGALIZED EUTHANASIA I am very familiar with the Dutch experience of legalized euthanasia, and have studied the issues around legalizing euthanasia over the years, involving myself politically during the 2009-2010 debate on BQ MP Francine Lalonde's bill to legalize physician-assisted suicide. As in Canada, legal euthanasia had its impetus in the Netherlands not by a decision of parliament but by a 1984 Supreme Court judgment overruling the criminal code prohibition of the practice. Thus, the Netherlands have had a 31 year head start on Canada, providing Canadians the opportunity to learn from and hopefully avoid their mistakes both in the legislation and the practice of euthanasia. At the time of the Lalonde bill's debate, I had correspondence with my Liberal MP, Michelle Simson, concerning the bill and Ms. Simson's involvement with the subsequent parliamentary committee on palliative care. In the course of this work, I networked through my physician contacts in the Netherlands to learn more about the Dutch experience of euthanasia, and helped a Dutch professor of biomedical ethics write an open letter to Canadians—and especially to MPs— on the challenges of attempting to contain the practice of euthanasia by legal regulations. (See Appendix A, "Legislating Euthanasia: Lessons from the Dutch Experience, March 2010".) In 2014, I traveled to Rotterdam and Utrecht to learn more and had an hour-long interview with Prof.
    [Show full text]
  • Criminal Law and Assisted Suicide in Switzerland Hearing with the Select Committee on The
    To Die Forth Zdravko Jovanovic A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF REQUIREMENTS FOR THE DEGREE OF MASTER'S OF FINE ARTS GRADUATE PROGRAM IN FILM (PRODUCTION) YORK UNIVERSITY TORONTO MAY 2011 Library and Archives Bibliotheque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington OttawaONK1A0N4 OttawaONK1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-80499-5 Our file Notre reference ISBN: 978-0-494-80499-5 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non­ support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission.
    [Show full text]
  • Law&Humandignity
    GRIFFITH JOURNAL OF LAW & HUMAN DIGNITY GRIFFITH JOURNAL OF LAW & HUMAN DIGNITY Editor-in-Chief Leanne Mahly Executive Editors Vanessa Antal Jacklin Molla Alexandria Neumann Editors Mark Batakin Gian Chung Ana-Catarina De Sousa Elizabeth Danaher Rebecca Durbin Jessica Farrell Charlotte Fitzgerald Danyon Jacobs Ashleigh Leake Dillon Mahly Lisa Neubert Consulting Executive Editor Dr Allan Ardill Volume 6 Issue 1 2018 Published in August 2018, Gold Coast, Australia by the Griffith Journal of Law & Human Dignity ISSN: 2203-3114 CONTENTS THERESE WILSON THE PRIVATE PROVISION OF ESSENTIAL FINANCIAL SERVICES AND THE 1 CORPORATE SOCIAL RESPONSIBILITIES OF BANKS AND INSURANCE COMPANIES JACOB DEBETS THE INTERNATIONALISATION OF AUSTRALIA’S HIGHER EDUCATION 23 SYSTEM: TRADING AWAY HUMAN RIGHTS K ABRAHAM THOMAS AFFIRMATIVE ACTION IN PIERCING THE BAMBOO CEILING WITHIN THE 6 AUSTRALIAN LEGAL PROFESSION — UTOPIAN IDEAL OR DYSTOPIAN 5 NIGHTMARE? ELISE KLEIN ECONOMIC RIGHTS AND A BASIC INCOME 10 2 COLLEEN DAVIS PRE-PLANNED STARVATION AND ADVANCED DEMENTIA — IS THERE A 11 CHOICE? 6 JAKE BUCKINGHAM A CRITICAL ANALYSIS OF LEGAL REPRESENTATION IN QUEENSLAND’S 13 MENTAL HEALTH REVIEW TRIBUNAL 3 AIRDRE MATTNER RAPE IN SOUTH KOREA: BREAKING THE SILENCE 16 1 OLIVERA S & JEAN DEFINING RAPE IN WAR: CHALLENGES AND DILEMMAS 184 COLLINGS IMIĆ MARK A DRUMBL THE KAPO ON FILM: TRAGIC PERPETRATORS AND IMPERFECT VICTIMS 229 ELIZABETH ENGLEZOS AG-GAG LAWS IN AUSTRALIA: ACTIVISTS UNDER FIRE MAY NOT BE OUT 27 OF THE WOODS YET 2 THE PRIVATE PROVISION OF ESSENTIAL FINANCIAL SERVICES AND THE CORPORATE SOCIAL RESPONSIBILITIES OF BANKS AND INSURANCE COMPANIES THERESE WILSON* Lack of access to both basic credit and basic insurance products have been recognised as two key aspects of financial exclusion in Australia.
    [Show full text]
  • University of Manitoba Winnipeg, Manitoba
    Nationai Cornparisons of Euthanasia Opinion Polk by Michelie L. Beauchamp A Thesis Submitted to the Faculty of Graduate Studies in Partiai FulGllment of the Requiremenb for the Degree of Master of Science Department of Fnmily Studies University of Manitoba Winnipeg, Manitoba National Library Bibliothéque nationale 1*1 of Canada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395. rue Wellington Ottawa ON KIA W OttawaON K1AûN4 Canada CaMda The author has granted a non- L'auteur a accordé une licence non exclusive licence ailowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or seil reproduire, prêter, distribuer ou copies of this thesis in rnicrofom, vendre des copies de cette thèse sous paper or electronic formats. la foxme de microfiche/£iim, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fkom it Ni la thèse ni des extraits substantiels may be printed or othemise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. FACULTY OF GRADUATE STUDIES +**** COPYRIGHT PERMISSION PAGE Nationai Cornparisons of Euthrnasia Opinion Poils A Thesis/Practicum sobmitted to the Faculty of Cnduate Studies of The University of Manitoba in para.] fbllilhcnt of the requirements of the degree of Master of Science MICHELLE L. BEAUCaAMP 01999 Permission has ken granted to the Library of The University of Manitoba to lend or sell copies of this thesidpncticum, to the National Libnry of Canada to microfilm this thesis and to lend or seU copies of the mm, and to Dissertations Ahtracts international to pubtish an abstract of this thesis/pncticam.
    [Show full text]
  • NEW YORK INTERNATIONAL LAW REVIEW Winter 2003 Vol
    NEW YORK INTERNATIONAL LAW REVIEW Winter 2003 Vol. 16, No. 1 Articles Euthanasia and Physician-Assisted Suicide in the Democratic World: A Legal Overview Raphael Cohen-Almagor ...................................................................................1 Comparison of the Dispute Settlement Procedures of the World Trade Organization for Trade Disputes and the Inter-American System for Human Rights Violations Susan H. Shin...................................................................................................43 The Modern Concept of Sovereignty, Statehood and Recognition: A Case Study of Taiwan Eric Ting-Lun Huang.......................................................................................97 Recent Decisions Edelman v. Taittinger.....................................................................................189 28 U.S.C. § 1782(a) allows interested persons to obtain a subpoena from a district court to aid discovery in for- eign litigation, compelling the deposition of a foreign national who is “found” in the district in which the court sits, although he lives and works abroad. Aguinda v. Texaco, Inc...................................................................................197 The United States Court of Appeals for the Second Circuit affirmed the District Court’s dismissal of Ecuadorian and Peruvian plaintiffs' environmental contamination suit against a United States corporation then headquar- tered in New York for forum non conveniens, but modified its ruling to extend additional time to plaintiffs
    [Show full text]
  • Lessons from Canada
    Please don’t make the same mistake that Canada did – a message to MPs as a doctor and a Kiwi-Canadian Dear Members of Parliament, I am fortunate to have two beautiful countries to call home, Canada (where I lived for 11 years and did most of my primary and secondary schooling) and New Zealand (where I was born, completed medical school and have worked as a doctor for more than 10 years). I am writing to you as I feel the Canadian experience of the last few years regarding euthanasia can be really informative to debate around NZ’s End of Life Choice Bill. I can attest to the many similarities of our societies and our public health system. I have not worked in Canada but I am informed by hearing A/Prof Leonie Herx, a palliative care physician and President of the Canadian Society of Palliative Care Physicians. I have also read a number of articles that have appeared in peer reviewed journals and the available government reports1. Below I discuss the current situation of assisted dying in Canada including: • the reasons why people are requesting assisted dying • how the initial criteria have already been relaxed and are set to relax further • effect on palliative care • effect on those with disabilities • concerns around effect on suicide • impact on doctors and the practice of medicine • issues with reporting and not meeting regulation in abuse • financial implications Canada’s Medical Assistance in Dying Canada legalised assisted dying in mid 2016. This was following a February 2015 Cater v. Canada ruling in the Supreme Court of Canada2 which gave the government until June 2016 to pass legislation.
    [Show full text]
  • Canadians' Attitudes Towards End-Of-Life Issues
    Canadians’ Attitudes towards End-of-life Issues Prepared for: LifeCanada April 2, 2013 Environics Research Group 336 MacLaren Street Ottawa, ON K2P 0M6 P7333 Table of contents Executive summary ....................................................................................................................................... 1 Detailed findings ........................................................................................................................................... 2 Opinions about legalizing assisted suicide ............................................................................................... 2 Opinions about legalizing euthanasia ...................................................................................................... 3 Appendices: A. Research methodology B. Survey instruments LifeCanada – 2013 Report on Canadians’ Attitudes towards End-of-life Issues Executive summary Background This survey was conducted on behalf of LifeCanada to look at Canadians’ attitudes towards end-of-life issues, including views about legalizing physician-assisted suicide and euthanasia. The questions were asked as part of Environics’ National Omnibus survey. Telephone interviews were conducted with a representative sample of 2,008 adult Canadians, between March 5-10 and 18-24, 2013. The margin of error for a sample of 2,008 is plus or minus 2.2 percentage points, 19 times out of 20. The reader is cautioned that the margin of error is larger for subsamples of the total population. Unless otherwise noted, all results
    [Show full text]
  • Witness to Medically-Assisted Dying in Canada: a Counselling and Psychotherapy Perspective
    Running head: WITNESS TO MEDICALLY-ASSSISTED DYING IN CANADA 1 Witness to Medically-Assisted Dying in Canada: A Counselling and Psychotherapy Perspective Charles D. Walsh May 11, 2018 Winnipeg, Manitoba CCPA Annual Conference May 10-13, 2018 WITNESS TO MEDICALLY-ASSSISTED DYING IN CANADA 2 The following is adapted from a presentation delivered in Winnipeg on May 11, 2018, during the Canadian Counselling and Psychotherapy Association 2018 Annual Conference. Witness to Medically-Assisted Dying in Canada: A Counselling and Psychotherapy Perspective I certainly appreciate the opportunity to speak with you today, and I’m delighted to deliver this talk during the Canadian Hospice Palliative Care Association’s National Hospice Palliative Care Week – serendipity for sure. In recognition of the Winnipeg Jets fantastic season, I’ve broken down the talk into three periods. Introduction In way of introduction, I would like to assert the following in relation to the arrival of medical assistance in dying in the Canadian context: First – It Didn’t Emerge in Isolation Medically-assisted dying in Canada, as elsewhere, didn’t come to pass in isolation and can rather be understood as part of an international, and more particularly cross-border, initiative heavily influenced by and occurring alongside the United States, and can be seen to precede the introduction of physician-assisted dying in the U.S., at least as it became part of the Canadian national consciousness through the Supreme Court of Canada’s 1993 decision in Rodriguez v. British Columbia (a landmark decision where the prohibition of assisting in a suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms by Sue Rodriguez, who was terminally ill).
    [Show full text]