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The Right to Medically Assisted Death in Canada
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Abstract
In a general analysis, this papers scope analyses the particulars of Laws concerning the right to medically assisted death in Canada. The paper mentions the case of euthanasia involving Sue Rodriguez and authorities in the year 1993 that give life to a debate that lasted for 20 years before the legalization of medically assisted death. Even after receiving a legal status the right to medically assisted death is governed by strict laws that the paper discusses in deeper details. Additionally, among them is that minors are not qualified for euthanasia, nor can it be used where a subject is mentally ill or has a curable condition or a long-term disability. To avoid euthanasia tourism, the provision is only afforded to persons covered under Canadian health care. Besides, witnesses of medically assisted death should be free of any conflicts of interest. Lastly, the paper also highlights some few pros and cons of the newly adopted law on the right to euthanasia.
Keywords: euthanasia, assisted, laws, mental, illness, interest, death, and suicide
The Right to Medically Assisted Death in Canada
In its legal consented form in Canada, euthanasia is referred to as medically assisted death, death with dignity or colloquially assisted suicide. Its illegal brand was removed in June 2016 to halt the anguish of terminally ill persons. Sue Rodriguez, in 1993, drew the attention of Canadian public on the subject of euthanasia by taking her case to the Supreme Court where she was turned down.

Switzerland was the only developed democracy in the late 90s to permit euthanasia, however, in the past 20 years, we have extensively experienced dramatic shifts both culturally and legally toward assisted dying (Milne, 2017).
Today, euthanasia has been made legal in many countries, including Belgium, The Netherlands, Colombia, Luxemburg and some states in the United States. The idea has gathered increased backing in Canada too, with 84% of us in a 2014 poll showing support for colloquially assisted suicide. Changing precedents and attitudes led Canada to revise its laws, that is two decades following 1993 Rodriguez’s court battle. Euthanasia acceptance began in the year 2014 with Quebec’s Bill 52 followed by the 2015 ruling by Canada’s Supreme Court that medical euthanasia would henceforth be legal, and that it was against the constitution to bar physicians from aiding consensual euthanasia (Milne, 2017).
Furthermore, although stringent regulations govern legal, legal assisted suicide in Canada. For instance, minors are not qualified for euthanasia, nor can it be incorporated where a subject is mentally ill or has a curable condition or a long-term disability. To avoid euthanasia tourism, the provision is only afforded to persons covered under Canadian health care. Also, postdated directions are not accepted for consented legal assisted suicide, and one cannot organize a consent for dying “in advance” (Nicol and Tiedemann, 2016).
Canada’s rigid legal safeguards to colloquially assisted suicide are meant to guarantee consent is informed and prevent abuse. Neither the physicians involved nor the legal witnesses can exhibit any financial or legal attachment to the death outcome. Consent should repetitively be articulated, as well as in the instant right before euthanasia because it can be withdrawn at any time. Backing out of the agreement has no consequences for, and there are no restrictions on how often it can be asked for (Nicol and Tiedemann, 2016).
To be afforded medical euthanasia, one must sign a request on paper articulating their desire to terminate their life in the presence of two autonomous witnesses who can ascertain that the procedure was done under voluntarily. The date of death must be set ten days after the signed consent. After that, two medical practitioners, a nurse or a physician, must autonomously ascertain, on paper that the euthanasia candidate has a grievous, irremediable and incurable illness that will inevitably cause the patient to die naturally but after a painful ordeal. As well, they must ascertain that the subject is willing and capable of receiving medical euthanasia. If they are qualified, patients should be provided with palliative care selections to alleviate end-of-life anguish before dying (Nicol and Tiedemann, 2016).
If the patient asking for colloquially assisted suicide is not in a capacity to date and sign the request, he or she may receive assistance from a person above the legal age with the knowledge of the situation. That person should also be free of any conflict of interest on the part of the patient dying. The person giving the assistance or acting on behalf of the patient must not have any knowledge that they may benefit financially or in any other way from the patient’s death (Nicol and Tiedemann, 2016).
Under the criminal code, assisted death was formerly illegal and was categorized as a blameworthy homicide. The illegal status was reversed in a Carter v Canada 2015/2 verdict by the Canadian Supreme Court, which made clear that persons over the legal age with irremediable and grievous medical conditions are eligible for colloquially assisted suicide (Burningham, 2015). The Court’s invalidity suspension was delayed for one year, to give the Legislature the time to, if it chooses so, revise its regulations. In 2016 January, the Supreme Court gave an extra four-months suspension period to allow for more time to amend the new laws. As a provisional guide, the court ruled that regional magistrates can begin making euthanasia approvals based on the standards laid down in Carter v Canada. On 2016 June 6th, the invalidity suspension period expired, and the amendments were signed. On 2016 June 17th, an enactment to regulate and legalize colloquially assisted suicide passed in the Parliament of Canada (Burningham, 2015).
Lastly, as a drawback, the present law preconditions that a natural death must be “incurable” or “reasonably foreseeable,” has been contentious for how it immensely restricts the earlier ruling by the Supreme Court that euthanasia is afforded to all persons over 18 with “irremediable and grievous” health issues. The BCCLA has been contesting how constitutional the present law is for the reason that it leaves out persons with enduring debilities and those with “remediable” health issues whose only remedy may be unacceptable to many people. The BCCLA contends such health issues ought to be eligible under the law’s description of “irremediable and grievous.” As a pro, the law is a bit lenient as compared to regulations in states such as Oregon which allows euthanasia strictly if a medical prognosis can prove that death will occur in the next six months. Canadian regulations are vague when it comes to the exact definition of a death being “reasonably foreseeable” for euthanasia eligibility. Such matters are reserved for the of the medical practitioners and individual (Laanela, 2016).
References
Burningham, S. (2015). A Comment on the Court’s Decision to Suspend the Declaration of Invalidity in Carter v. Canada. Sask. L. Rev., 78, 201.
Laanela, M. (2016, June 27). ‘I can’t Ignore the Progression of My Disease,’ Says Woman Challenging the Assisted-dying Law. Retrieved January 11, 2018, from http://www.cbc.ca/news/canada/british-columbia/bccla-assisted-dying-legislation 1.3654220
Milne, V. (2017, March 09). The Twenty-Year Battle for Medically-Assisted Death Legislation in Canada. Retrieved January 11, 2018, from http://www.cbc.ca/firsthand/m_features/the twenty-year-battle-for-medical-assistance-in-death-legislation-in-Canada
Nicol Julia and Tiedemann Marlisa. (2016). Government Bill (House of Commons) Bill C-14: An Act to Amend the Criminal Code and to Make Related Amendments to other Acts (medical assistance in dying). Retrieved January 11, 2018, from:https://lop.parl.ca/Content/LOP/LegislativeSummaries/42/1/c14-e.pdf