Euthanasia in Canada

Legislation on euthanasia in Canada distinguishes between passive euthanasia (withholding or withdrawing of life-preserving procedures including water and food) and active euthanasia (intentionally killing a person to relieve pain). Whereas passive euthanasia is legal in Canada, active euthanasia was previously prohibited under the criminal code as a form of culpable homicide.[1] The prohibition on voluntary euthanasia was overturned in a February 2015 decision by the Supreme Court (Carter v Canada (AG), which ruled that adults with grievous and irremediable medical conditions are entitled to physician assisted suicide. The ruling was stayed by the court, and will not take effect until June 6th, 2016 so as to allow time for the government to amend the criminal code.[2]

Laws on assisted suicide

Suicide was decriminalized in Canada in 1972. Physician-assisted suicide has been legal in the Province of Quebec, where it is referred to as “medical aid in dying”, since June 5, 2014.[3] It will also become legal in the entire country in June 2016 after new legislation is passed in Parliament as required by a 2015 Supreme Court of Canada decision.[4]

Until it is amended in 2016, the Criminal Code of Canada states in section 241(b) that “Every one who ….(b) aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding fourteen years”[5]

On June 15 2012, in a case filed by Gloria Taylor, the Supreme Court of British Columbia ruled that provisions in the Criminal Code prohibiting doctor-assisted suicide were unconstitutional as they apply to severely disabled patients capable of giving assent. The court ruled that the Criminal Code provisions "infringe s. 7 [and s. 15 ] of the Charter, and are of no force and effect to the extent that they prohibit physician-assisted suicide by a medical practitioner in the context of a physician-patient relationship". Moreover, the court found that the relevant sections were legislatively overbroad, had a disproportionate effect on people with disabilities, and were "grossly disproportionate to the objectives it is meant to accomplish."[6]

The landmark decision on this topic was provided by the Supreme Court of Canada on February 6, 2015 in the Carter v Canada (AG) case. The unanimous judgment overturned the legal ban on doctor-assisted suicide. However, the court provided the federal government with 12 months to enact the necessary legislation (such as revising the Criminal Code) to make doctor-assisted suicide legal across the country.[7] The federal government subsequently requested a six-month extension for implementation; the arguments for this request were scheduled to be heard by the federal Supreme Court on January 11, 2016.[8]

The province of Quebec had legalized doctor assisted suicide in June 2014 and in late 2015 the province's Court of Appeal confirmed that that their law did not contravene the country's Criminal Code because of the Carter v Canada (AG) ruling of the Supreme Court of Canada.[9]

Sue Rodriguez

Until recently, the most prominent case opposing this law was that of Sue Rodriguez,[10] who after being diagnosed with amyotrophic lateral sclerosis (ALS) requested that the Canadian Supreme Court allow someone to aid her in ending her life. Her request appealed to the principle of autonomy and respect for every person, which states that “everyone has the right to self-determination subject only to an unjust infringement on the equal and competing rights of others.”[10][11]

Her main argument for her assisted suicide, however, appealed to the principle of equality and justice which states that “everyone should be treated equally, and deviations from equality of treatment are permissible only to achieve equity and justice.”[12] The application of this principle to the case is as follows. Ms. Rodriguez’s ALS would eventually lead her to lose her voluntary motor control. Therefore, this loss of motor control is a “handicap of ALS-sufferers”[12]

Because suicide is not a crime, it was argued that Ms. Rodriguez was being discriminated against in her option of deciding to commit suicide with the help of another person due to her disability, without the law "providing a compensatory and equitable relief”[13] Though in 1992, the Court refused her request, two years later, Sue Rodriguez, with the help of an unknown doctor ended her life despite the Court’s decision. Due to her death, the Canadian medical profession issued a statement through Dr. Tom Perry and Dr. Peter Graff, who both said that they had assisted some of their patients in speeding up their death.

In addition, Sue Rodriguez argued that the Canadian government was violating her right to life liberty and security of the person under section 7 of the Charter by robbing her of the freedom to end her life without assistance. However, in the case Rodriguez v British Columbia, the court ruled that legal sanction of euthanasia did not constitute an active effort to restrict liberty and therefore, did not violate section 7 in that way.

Robert Latimer

Robert Latimer is a Canadian canola and wheat farmer, who was convicted of second-degree murder in the death of his daughter Tracy (November 23, 1980 – October 24, 1993). This case sparked a national controversy on the definition and ethics of euthanasia as well as the rights of people with disabilities, and two Supreme Court decisions, R. v. Latimer (1997),[14] on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001[15]), on cruel and unusual punishments under section 12 of the Charter.

Canadian Medical Association

Before the February 2015 Supreme Court of Canada decision, the Canadian Medical Association had maintained that it is not up to them to decide on the issue of euthanasia, but the responsibility of society. Though in 1995, the Canadian Senate Committee decided that euthanasia should remain illegal, they recommended that a new category of crime be specifically created for those charged with assisting in suicide, called “’compassionate suicide.’”[16]

Quebec College of Physicians

Before doctor assisted suicide was made legal in this province in June 2014,[17] the Quebec College of Physicians had declared that it was prepared to cross the line on the debate over euthanasia and proposed that it be included as part of the appropriate care in certain particular circumstances.[18]

Quebec National Assembly

On June 5, 2014 Quebec became the first Canadian province to pass right-to-die legislation. The federal government challenged this measure but in December 2015, the Quebec Court of Appeal confirmed that the “medical aid in dying” law would stand in light of the Supreme Court decision in Carter v Canada (AG).[19]

Bills C-407 and C-384

In June 2005, Francine Lalonde introduced in Parliament a private Bill C-407 that would have legalized assisted suicide in Canada, but the January 2006 election ended this bill. Lalonde was re-elected and reintroduced her bill to legalize assisted suicide, which the 2008 election ended.

On May 13, 2009, Lalonde introduced another bill—Bill C-384—of the same nature as her other two attempts. The Bill was debated in the House of Commons, but died on April 21, 2010 in second reading House of Commons when the vote to advance Bill C-384 to the Justice and Human Rights committee failed 59 to 226. Nearly every member of the Bloc Québécois supported the legislation along with one independent and a handful of Liberal, New Democratic Party (NDP) and Conservative MPs. Every other MP either abstained or voted against the bill.[20]

Conservative Minister of Democratic Reform Steven Fletcher, who is Canada's first quadriplegic Member of Parliament and Cabinet Minister, made a public point of order after the vote to have an abstention recorded for the bill inviting for the discussion.[21]

In December 2014, Conservative Senator Nancy Ruth and Liberal Senator Zlatan Campbell announced they will introduce a bill to legalize assisted suicide to the Canadian Senate.[22] If the bill passes in the Senate, the bill would move to the House of Commons to be debated there before Parliament adjourns for the 42nd Canadian federal election.

Carter v Canada (AG) decision

The Supreme Court of Canada ruling in Carter v Canada (AG) states that that the law banning assisted suicide of terminally-ill patients (based on the Rodriguez v British Columbia (AG) decision) was unconstitutional, and violated Section 7 of the Canadian Charter of Rights and Freedoms.[23] The Supreme Court issued a 12-month suspended declaration of invalidity.[2][24] However, this type of euthanasia will not become law until legislation is passed in the House of Commons, including the amendment of the Criminal Code of Canada.[25] It is probable that the laws will be passed before the end of 2016.[26]

As a result of the decision voluntary euthanasia will be made legal 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.”[27]

The court decision includes a requirement that there must be stringent limits that are “scrupulously monitored.” This will require the death certificate to be completed by an independent medical examiner, not the treating physician, to ensure the accuracy of reporting the cause of death.[28]

The Canadian Medical Association (CMA) reported that not all doctors were willing to help a terminally-ill patient die. However, the belief in late 2015 was that no physician would be forced to do so.[29] The CMA also supports the request to the Supreme Court for a six month extension, said CMA spokesman Dr. Jeff Blackmer, in order to develop educational materials and to train numerous physicians across Canada. However, by late 2015, the CMA had begun to offer educational sessions to members as to the process that would be used.[30]

Bill C-14

As required by the 2015 Supreme Court decision, Justice Minister Jody Wilson-Raybould tabled a bill in parliament in April 2016 to amend the Criminal Code to allow medical assistance in dying.[31] Bill C-14 "create[s] exemptions from the offences of culpable homicide, of aiding suicide and of administering a noxious thing, in order to permit medical practitioners and nurse practitioners to provide medical assistance in dying and to permit pharmacists and other persons to assist in the process."[32] The bill will restrict assisted suicide only to mentally competent adults with "enduring and intolerable suffering" and in cases where death is "reasonably foreseeable." It also mandates a 15-day reflection period.[31]

See also

References

  1. ↑ (French) Eric Folot, Étude comparative France-Québec sur les décisions de fin de vie : le droit sous le regard de l’éthique, Collection Minerve, Cowansville, Éditions Yvon Blais, 2012 at pp.82-83
  2. 1 2 Carter v. Canada (Attorney General), 2015 SCC 5, online at: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14637/index.do
  3. ↑ Hamilton, Graeme (December 10, 2015). "Is it euthanasia or assisted suicide? Quebec’s end-of-life care law explained". National Post (Toronto, Ontario). Retrieved January 5, 2016.
  4. ↑ Yourex-West, Heather (December 9, 2015). "Canadian doctors say physicians will be ready to provide assisted death". Global News. Shaw Media Inc. Retrieved January 5, 2016. The legalization of physician assisted death next year will mark a massive change to the way doctors in Canada practice medicine.
  5. ↑ Kluge, Eike-Henner W. (2000), "“Assisted Suicide, Ethics and the Law: The Implication of Autonomy and Respect for Persons, Equality and Justice, and Beneficence.”", in Prado, C.G., Assisted Suicide: Canadian Perspectives, Ottawa, Canada: University of Ottawa Press, p. 83
  6. ↑ Darryl, Greer (June 18, 2012). "B.C. Supreme Court Kills Assisted-Suicide Ban". Courthouse News Service. Retrieved 6 July 2012.
  7. ↑ "Supreme Court rules Canadians have right to doctor-assisted suicide". The Globe and Mail.
  8. ↑ The Canadian Press (December 27, 2015). "Canadian doctors express mixed opinions on assisted dying". CTV News. Bell Media. Retrieved January 2, 2016.
  9. ↑ Shingler, Benjamin (December 22, 2015). "Quebec's top court rules assisted dying law can go ahead". CBC News. CBC/Radio Canada. Retrieved January 5, 2016. Quebec's Court of Appeal has maintained the province's right to allow terminally ill patients the choice to die with medical help, the first law of its kind in Canada.
  10. 1 2 Rodriguez v. British Columbia (Attorney General), [1993] 3 SCR 519, online at: http://canlii.ca/t/1frz0
  11. ↑ Kluge, Eike-Henner W. (2000), "“Assisted Suicide, Ethics and the Law: The Implication of Autonomy and Respect for Persons, Equality and Justice, and Beneficence.”", in Prado, C.G., Assisted Suicide: Canadian Perspectives, Ottawa, Canada: University of Ottawa Press, p. 84
  12. 1 2 Kluge, Eike-Henner W. (2000), "“Assisted Suicide, Ethics and the Law: The Implication of Autonomy and Respect for Persons, Equality and Justice, and Beneficence.”", in Prado, C.G., Assisted Suicide: Canadian Perspectives, Ottawa, Canada: University of Ottawa Press, p. 86
  13. ↑ Kluge, Eike-Henner W. (2000), "“Assisted Suicide, Ethics and the Law: The Implication of Autonomy and Respect for Persons, Equality and Justice, and Beneficence.”", in Prado, C.G., Assisted Suicide: Canadian Perspectives, Ottawa, Canada: University of Ottawa Press, p. 87
  14. ↑ R v Latimer (1997)
  15. ↑ R v Latimer
  16. ↑ Whiting, Raymond (2002), A Natural Right to Die: Twenty-Three Centuries of Debate, Westport, Connecticut, p. 41
  17. ↑ Shingler, Benjamin (December 22, 2015). "Quebec's top court rules assisted dying law can go ahead". CBC News. CBC/Radio Canada. Retrieved January 5, 2016. Quebec's Court of Appeal has maintained the province's right to allow terminally ill patients the choice to die with medical help, the first law of its kind in Canada.
  18. ↑ Quebec physicians tentatively propose legal euthanasia
  19. ↑ Shingler, Benjamin (December 22, 2015). "Quebec's top court rules assisted dying law can go ahead". CBC News. CBC/Radio Canada. Retrieved January 5, 2016. Quebec's Court of Appeal has maintained the province's right to allow terminally ill patients the choice to die with medical help, the first law of its kind in Canada.
  20. ↑ "Vote Details (40-3 Vote No. 34)". .parl.gc.ca. 2010-04-21. Retrieved 2014-02-08.
  21. ↑ "Official Report * Table of Contents * Number 030 (Official Version)". .parl.gc.ca. Retrieved 2014-02-08.
  22. ↑ "Assisted suicide debate moves to the Senate with proposed new bill". cbc.ca. 2014-12-02. Retrieved 2015-01-06.
  23. ↑ no by-line.--> (February 6, 2015). "Supreme Court Judgments". Supreme Court of Canada. SCC/CSC. Retrieved January 2, 2016.
  24. ↑ http://www.npr.org/blogs/thetwo-way/2015/02/06/384292996/canadians-have-a-right-to-assisted-suicide-high-court-says
  25. ↑ Supreme Court rules Canadians have right to doctor-assisted suicide Sean Fine, Globe and Mail 6 Feb. 2015
  26. ↑ "Ministers Wilson-Raybould and Philpott Provide a New Mandate to the External Panel on Options for a Legislative Response to Carter v. Canada". Market Wired. Retrieved 15 November 2015.
  27. ↑ End-of-life law and policy in Canda University of Dalhousie
  28. ↑ Guichon, Alakija, Doig, Mitchell and Thibeault (December 28, 2015). "Assisted dying: Four problems, one simple solution". Glove and Mail (Toronto, Canada). Retrieved January 2, 2016.
  29. ↑ The Canadian Press (December 27, 2015). "Canadian doctors express mixed opinions on assisted dying". CTV News. Bell Media. Retrieved January 2, 2016.
  30. ↑ The Canadian Press (December 27, 2015). "Canadian doctors express mixed opinions on assisted dying". CTV News. Bell Media. Retrieved January 2, 2016.
  31. 1 2 "Doctor-assisted dying bill restricted to adults facing 'foreseeable' death". CBC. Retrieved 28 April 2016.
  32. ↑ "Bill C-14: An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)". openparliament.ca. Retrieved 28 April 2016.

External links

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