Euthanasia in Canada
Encyclopedia
Legislation on euthanasia in Canada distinguishes between passive and active euthanasia
, although the procedure remains illegal. In recent years, several public cases of active euthanasia have re-opened the debate on what Canadian
society considers to be socially and morally acceptable in terms of euthanasia.
Living wills would, for example inform medical staff not to provide extraordinary life-preserving procedures on their bodies if they are incapable of expressing themselves and suffering from an incurable and terminal condition, or treatable and expressing themselves. Incognizant and incapable have the same legal status, as terminologies cultural values protect the medical staff, beyond definitions of Living Wills. You do not have to have an incurable and terminal condition to invoke a Living Will, where standardly you are not allowed a drop of water for sustenance.
Health Care Consent Act, 1996
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96h02_e.htm
The Criminal Code of Canada states in section 241(b) that
, 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.”
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.” 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”
Because suicide is not a crime, 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” 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.
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), on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001), on cruel and unusual punishments under section 12 of the Charter.
stated 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.’”
introduced in Parliament a private Bill C-407 that would have legalized assisted suicide in Canada. Re-elected in January 2006, Lalonde has promised to reintroduce her bill to legalize assisted suicide.
, New Democratic Party
(NDP) and Conservative
MPs. Every other MP either abstained or voted against the bill.
Conservative Minister
of Democratic Reform Steven Fletcher
, who is Canada's first tetraplegic Member of Parliament
and Cabinet Minister
, made a public point of order after the vote to have an abstention recorded for the bill:
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
, although the procedure remains illegal. In recent years, several public cases of active euthanasia have re-opened the debate on what Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
society considers to be socially and morally acceptable in terms of euthanasia.
Living wills
Canadian laws on living wills and passive euthanasia are a legal dilemma. Documents which set out guidelines for dealing with life-sustaining medical procedures are under the Provinces control, in Ontario under the Health Care Consent Act 1996.Living wills would, for example inform medical staff not to provide extraordinary life-preserving procedures on their bodies if they are incapable of expressing themselves and suffering from an incurable and terminal condition, or treatable and expressing themselves. Incognizant and incapable have the same legal status, as terminologies cultural values protect the medical staff, beyond definitions of Living Wills. You do not have to have an incurable and terminal condition to invoke a Living Will, where standardly you are not allowed a drop of water for sustenance.
Passive euthanasia
Passive euthanasia can include starvation or de-hydration, or withholding any life-preserving procedures. Patients do not have to be informed if they are deemed "incapable", even if they speak and respond, by the medical staff. Their legal representative (Wife-Relation) does not have to be advised or evaluated as capable when invoked in medical emergencies.Health Care Consent Act, 1996
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96h02_e.htm
Laws on assisted suicide
Suicide is not a crime in Canada, but physician-assisted suicide is considered illegal.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”
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-
Value placed on human life
The reason behind its illegality is due to prevent people from ‘assisting in suicide’ of those that are not mentally capable of making the decision and because of the “value that society place on human life” which “in the eyes of the law makers, might easily be eroded if assistance in committing suicide were to be decriminalized.”Sue Rodriguez
The most prominent case opposing this law was that of Sue RodriguezSue Rodriguez
Sue Rodriguez was an advocate of assisted suicide.She was born in Winnipeg, Manitoba, with the given name Sue Shipley, and grew up in Thornhill, Ontario, a suburb of Toronto. Her first marriage was short-lived....
, who after being diagnosed with amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis , also referred to as Lou Gehrig's disease, is a form of motor neuron disease caused by the degeneration of upper and lower neurons, located in the ventral horn of the spinal cord and the cortical neurons that provide their efferent input...
(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.”
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.” 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”
Because suicide is not a crime, 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” 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.
Robert Latimer
Robert LatimerRobert Latimer
Robert William "Bob" Latimer , a Canadian canola and wheat farmer, was convicted of second-degree murder in the death of his daughter Tracy . This case sparked a national controversy on the definition and ethics of euthanasia as well as the rights of people with disabilities, and led to two...
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), on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001), on cruel and unusual punishments under section 12 of the Charter.
Canadian Medical Association
In response to the controversy, the Canadian Medical AssociationCanadian Medical Association
The Canadian Medical Association , with more than 70,000 members, is the largest association of doctors in Canada and works to represent their interests nationally. It formed in 1867, three months after Confederation...
stated 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.’”
Quebec College of Physicians
The Quebec College of Physicians has declared that it is prepared to cross the line on the debate over euthanasia and propose that it be included as part of the appropriate care in certain particular circumstances.Bill C-407
On June 2005, Francine LalondeFrancine Lalonde
Francine Lalonde is a politician on the national and provincial levels. Prior to being elected she was a lecturer, teacher and unionist...
introduced in Parliament a private Bill C-407 that would have legalized assisted suicide in Canada. Re-elected in January 2006, Lalonde has promised to reintroduce her bill to legalize assisted suicide.
Bill C-384
Elections in 2006 and 2008 destroyed Lalonde's attempts to legalize euthanasia. However, 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 228. Nearly every member of the Bloc Quebecois supported the legislation along with one independent and a handful of LiberalLiberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
, New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
(NDP) and Conservative
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
MPs. Every other MP either abstained or voted against the bill.
Conservative Minister
Minister of state (Canada)
A Minister of State is a junior cabinet minister in the Canadian Cabinet, usually given specific responsibilities to assist a senior cabinet minister in a specific area....
of Democratic Reform Steven Fletcher
Steven Fletcher
Steven John Fletcher, PC, MP is a Canadian politician. He has served in the Canadian House of Commons since 2004, representing the riding of Charleswood—St. James—Assiniboia as a member of the Conservative Party. He is the first quadriplegic to serve in the House of Commons, as well as in Cabinet...
, who is Canada's first tetraplegic Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and Cabinet Minister
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
, made a public point of order after the vote to have an abstention recorded for the bill:
″I would like to be recorded as abstaining on this bill. The reason is I believe end of life issues need to be debated more in our country. I believe that life should be the first choice but not the only choice and that we have to ensure that resources and supports are provided to Canadians so that choice is free.
I believe, when all is said and done, the individual is ultimately responsible. I want to make this decision for myself, and if I cannot, I want my family to make the decision. I believe most Canadians, or many Canadians, feel the same. As William Henley said in his poem InvictusInvictus"Invictus" is a short Victorian poem by the English poet William Ernest Henley .- Background :At the age of 12, Henley contracted tuberculosis of the bone. A few years later, the disease progressed to his foot, and physicians announced that the only way to save his life was to amputate directly...
, “I am the master of my fate: I am the captain of my soul”.″
See also
- Maurice GénéreuxMaurice GénéreuxMaurice Généreux is a Canadian physician who was convicted in 1998 of prescribing medicines to commit suicide with in 1996 to two HIV positive gay men in Toronto, Canada, Mark Jewitt and Aaron McGinn...
- Assisted Suicide and Canadian Law on LegalEase CKUT 90.3 FM Montreal