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Physician-Assisted Death in Canada

Published online by Cambridge University Press:  27 June 2016

ALISTER BROWNE  and
J. S. RUSSELL
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Abstract:

The Criminal Code of Canada prohibits persons from aiding or abetting suicide and consenting to have death inflicted on them. Together, these provisions have prohibited physicians from assisting patients to die. On February 6, 2015, the Supreme Court of Canada declared void these provisions insofar as they “prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.” This declaration of invalidity was scheduled to take effect one year (later extended by six months) after the ruling, to give the government time to put legislation in place. We trace the history of this decision, discuss how it has forever changed the debate on physician-assisted dying, and identify the issues that must be resolved to write the legislation. Of special importance here are the topics of access, safeguards, and conscientious objection.

Keywords

euthanasiaassisted suicidephysician-assisted deathSupreme Court of CanadaRodriguez v. British Columbia (Attorney General)Carter v. Canada
Type
Special Section: Bioethics Beyond Borders
Information
Cambridge Quarterly of Healthcare Ethics , Volume 25 , Issue 3 , July 2016 , pp. 377 - 383
Copyright
Copyright © Cambridge University Press 2016 

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References

Notes

1. Carter v. Canada (Attorney General), 2015 SCC5.

2. Canadian Charter of Rights and Freedoms, part I of the Constitution Act, 1982.

3. Rodriguez v. British Columbia (Attorney General), [1993] 3 S.C.R. 519.

4. Act Respecting End-of-Life Care, CQLR, c. S-32.0001.

5. Carter v. Canada (Attorney General), 2012 BCSC 886.

6. Majority of Canadians approve of assisted suicide: poll. Globe and Mail 2013 Oct 11; available at http://www.theglobeandmail.com/news/national/majority-of-canadians-approve-of-assisted-suicide-poll/article14819642/ (last accessed 11 Apr 2016). Doctor-assisted suicide supported by majority of Canadians in new poll. CBC News 2014 Oct 8; available at http://www.cbc.ca/news/health/doctor-assisted-suicide-supported-by-majority-of-canadians-in-new-poll-1.2792762 (last accessed 11 Apr 2016).

7. Regina v. Morgentaler, [1988] 1 S.C.R 30.

8. Nancy B v. Hotel-Dieu de Quebec (1992), 86 D.L.R. (4th) 385.

9. Law Reform Commission of Canada. Euthanasia, Aiding Suicide and Cessation of Treatment [final report]; 1983, at 19.