Despite the government passing Bill C-14, which legalizes physician-assisted death in Canada, the specific wording around who is eligible remains a grey area
Physician-assisted dying is now legal in Canada despite lack of Senate agreement on a specific law. While the procedure can now be performed in Canada with no Criminal Code restrictions, disagreements over the criteria of Bill C-14 could cast doubt for doctors on a case-by-case basis.
The most contested phrasing in the bill states that a patient’s death must be “reasonably foreseeable” in order to qualify. This differs from wording used by the Supreme Court of Canada, which stated a patient need only suffer a “grievous and irremediable medical condition, and experience “suffering that is intolerable”.
Prime Minister Justin Trudeau, however, argues that the bill’s current state is sufficient. “Around the cabinet table, some of the most compelling conversations we had was around the disability community and the concerns around protecting vulnerable Canadians,” Trudeau said in an interview with the Toronto Star. “Because, yes, defending people’s choices and rights is part of being a Liberal — but protecting the vulnerable is, too.”
Individual provincial guidelines, which have already been developed based on the Supreme Court’s eligibility criteria, can provide additional guidance. However Health Minister Jane Philpott argues those guidelines and regulations do not provide doctors with enough clarity and protection, and warned against taking a patchwork approach to the issue.
“While I have faith in Canada's healthcare providers to carry out these responsibilities responsibly and ethically, I believe that regulatory guidance alone is insufficient, given the nature of what you will be asked to do,” Philpott said in her speech to the National Health Leadership Conference in Ottawa Monday.
“Unfortunately, despite tremendous effort, this bill is not yet in place,” she stated.
“That means that, effective tomorrow, you may be asked to do something that has never been expected of you before - to help people end their lives. It's a daunting prospect,”she said.
The government is encouraging the Senate to pass the law in a timely manner, as only national legislation can provide health care professionals with the legal platform they need to perform the procedure.
RELATED LINKS:
Compromise may help assisted-physician dying law
Assisted dying bill voted through to Senate
The most contested phrasing in the bill states that a patient’s death must be “reasonably foreseeable” in order to qualify. This differs from wording used by the Supreme Court of Canada, which stated a patient need only suffer a “grievous and irremediable medical condition, and experience “suffering that is intolerable”.
Prime Minister Justin Trudeau, however, argues that the bill’s current state is sufficient. “Around the cabinet table, some of the most compelling conversations we had was around the disability community and the concerns around protecting vulnerable Canadians,” Trudeau said in an interview with the Toronto Star. “Because, yes, defending people’s choices and rights is part of being a Liberal — but protecting the vulnerable is, too.”
Individual provincial guidelines, which have already been developed based on the Supreme Court’s eligibility criteria, can provide additional guidance. However Health Minister Jane Philpott argues those guidelines and regulations do not provide doctors with enough clarity and protection, and warned against taking a patchwork approach to the issue.
“While I have faith in Canada's healthcare providers to carry out these responsibilities responsibly and ethically, I believe that regulatory guidance alone is insufficient, given the nature of what you will be asked to do,” Philpott said in her speech to the National Health Leadership Conference in Ottawa Monday.
“Unfortunately, despite tremendous effort, this bill is not yet in place,” she stated.
“That means that, effective tomorrow, you may be asked to do something that has never been expected of you before - to help people end their lives. It's a daunting prospect,”she said.
The government is encouraging the Senate to pass the law in a timely manner, as only national legislation can provide health care professionals with the legal platform they need to perform the procedure.
RELATED LINKS:
Compromise may help assisted-physician dying law
Assisted dying bill voted through to Senate
