PHIL 2390H Lecture Notes - Lecture 8: Beverley Mclachlin, Conscience Vote, British Columbia Civil Liberties Association
26 Jun 2018
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Doctor-assisted dying bill restricted to adults facing 'foreseeable' death
Strict limits include 18-year age requirement and mandatory 15-day 'reflection period'
By Kathleen Harris, CBC News Posted: Apr 14, 2016 10:32 AM ET Last Updated: Apr 17, 2016 12:11 PM
Doctor-assisted death will be restricted to mentally competent adults who have serious and incurable
illness, disease or disability under new legislation tabled in Parliament today.
The long-awaited bill also sets out safeguards to protect vulnerable Canadians, but does not include
some of the most contentious recommendations from a parliamentary committee, including
extending the right to die to "mature minors" and the mentally ill, and allowing advance consent for
patients with degenerative disorders.
Instead, the bill limits access to those "suffering intolerably" and whose death is "reasonably
foreseeable."
Justice Minister Jody Wilson-Raybould said the government was operating under a
compressed timeframe to meet a June 6 deadline imposed by the Supreme Court of Canada. She
said there will be further study on those contentious proposals, and amendments could come down
the road.
She said the legislation was framed around diverse views and perspectives, and conceded it will be
"troubling" for some.
"For others it will not go far enough," she said. "We believe this legislation is the best approach to
ensure that dying patients who are suffering unbearable pain have the choice for a peaceful death
and the vulnerable are protected," she said.
The bill would also:
Protect people from being encouraged to die in "moments of weakness."
Include a mandatory 15-day "reflection period" so people don't make rash decision after a
diagnosis.
Re-affirm goals on suicide prevention and encourage a "consistent approach" across
Canada.
Allow doctors and nurse practitioners to provide assistance without risk of criminal charges.
Patients must also be eligible for publicly funded health care services in Canada, which
precludes people from the U.S. or other jurisdictions travelling to Canada to end their lives
with the help of a doctor in what some have called "suicide tourism."
Health Minister Jane Philpott called it a "historic day" for Canada and said it will come with a
strategy for improved palliative care.
While the legislation removes the risk that doctors and authorized nurse practitioners will be
prosecuted, she said conscience rights will also be protected.
"What today's legislation describes is how medically assisted death will be carried out — for
whom and by whom," she said.
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But advocacy group Dying With Dignity denounced the bill for being too narrow and
restrictive. Its medical adviser, Dr. Brett Belchetz, accused the government of ignoring key
recommendations from the parliamentary report around advance consent and mature
minors.
He also took issue with what he called the "vague and discriminatory" term "reasonably
foreseeable" death.
"It will be very hard for me to know if I'm in compliance with the law or not," he said.
The legislation was spurred by a unanimous landmark ruling on Feb. 6, 2015, when the
Supreme Court of Canada struck down the ban on physician-assisted dying on the grounds
that it violated Canadians' Charter rights.
Justices gave the federal and provincial governments 12 months to prepare for the decision
to come into effect.
After taking office, the Liberal government asked for a six-month extension, but the high
court granted an extra four months, to June 6.
One of the plaintiffs in the constitutional challenge, the British Columbia Civil Liberties
Association, criticized the legislation as too restrictive.
The bill excludes several categories of "suffering Canadians" who should have the same
right to a safe and dignified assisted death, said executive director Josh Paterson.
"The inevitable result is that people will be trapped in intolerable suffering, or be left with no
choice but to take their own lives prematurely in potentially dangerous situations," he said.
Patient-centred approach
A special parliamentary committee was tasked with making recommendations around
legislation, and tabled a 70-page report called Medical Assistance in Dying: A Patient-
Centred Approach.
That report said Canadians should have the right to make an "advance request" for medical
aid in dying after being diagnosed with certain debilitating but not necessarily terminal
conditions.
It also said assisted death should not be limited to physical conditions, and that Canadians
with psychiatric conditions should not be excluded from doctor assistance to end suffering.
One of the most contentious recommendations was to consider, in three years, extending
the right for doctor-assisted death to "mature minors."
More study on age requirement
Today's bill includes an age requirement of 18 years, but Wilson-Raybould said that
restriction and others will be studied in more detail.
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