Supreme Court of Canada orders legalization of physician assisted suicide – AND euthanasia

Physicians unwilling to kill already face demands that they find someone who will

Protection of Conscience Project News Release

In a 9-0 ruling the Supreme Court of Canada struck down two sections of Canada’s Criminal Code “insofar as they prohibit physician-assisted death” in circumstances outlined by the Court. It appears that most or all of the major media outlets understood this to mean that the Court had legalized physician assisted suicide.

In fact, the Court has authorized physicians not only to help eligible patients commit suicide, but to kill them – whether or not they are capable of suicide. The ruling permits both physician assisted suicide and physician administered euthanasia in the case of competent adults  who have clearly consented to being killed, and who have a grievous irremediable medical condition “including an illness, disease or disability” that causes “enduring suffering that is intolerable to the individual.”

The Court limited its ruling to the facts of the Carter case, but offered no opinion “on other situations” where physicians might be asked to kill patients or help them commit suicide. It is highly likely that the parameters set by the Court in Carter will be expanded in federal or provincial laws or in later litigation. It would certainly be a serious mistake to presume that the goalposts set in Carter will not be moved.

Even where euthanasia and assisted suicide are legal, most physicians are unwilling to do what the Supreme Court of Canada now expects Canadian physicians to do: lethally inject patients and write prescriptions for lethal medications.

However, acknowledging the joint intervention of the Protection of Conscience Project, Catholic Civil Rights League and Faith and Freedom Alliance and submissions by others, including the Canadian Medical Association, the Court stated: “In our view, nothing in the declaration of invalidity which we propose to issue would compel physicians to provide assistance in dying.”

The judges noted that “a physician’s decision to participate in assisted dying is a matter of conscience and, in some cases, of religious belief,” and that “the Charter rights of patients and physicians will need to be reconciled.”

Unfortunately, euthanasia activists understand “reconciliation” to mean that physicians unwilling to kill patients or help them kill themselves should be forced to refer them to a colleague willing to do so. This is the view of Dr. James Downar, a Toronto palliative care physician, who told the Canadian Medical Association Journal that it is critical to ensure all Canadians have access to “physician assisted dying.”

Commenting on the remarks attributed to Dr. Downar, Protection of Conscience Project Administrator Sean Murphy noted that many other palliative care physicians were concerned about ensuring access to palliative care, not finding physicians willing to kill patients.

“They certainly aren’t inclined to force colleagues to participate in assisted suicide and euthanasia,” he said. “Quite the contrary: many would refuse to direct patients to physicians willing to kill them or help them commit suicide.”

Carter is not the last word on the euthanasia, assisted suicide and freedom of conscience,” he added, “but only the first of many to come.”

For details, see Supreme Court of Canada orders legalization of physician assisted suicide – AND euthanasia

Canada Court Strikes Down Ban on Aiding Patient Suicide

New York Times

Ian Austen

OTTAWA  –  The Supreme Court of Canada on Friday struck down laws banning physician-assisted suicide for patients with “grievous and irremediable” medical conditions.

The unanimous decision, which reverses the position taken by the court 22 years ago, came more quickly than expected and might become an issue in federal elections to be held this year.

“The prohibition on physician-assisted dying infringes the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice,” the court wrote, adding that an absolute ban was not needed to ensure that vulnerable people are not coerced “to commit suicide at a time of weakness.” . . . [Full Text]

 

Doctor-assisted suicide a therapeutic service, says Canadian Medical Association

 Many technical questions remain following Supreme Court decision to allow medical aid in dying

CBC News

The Canadian Medical Association supports patients who seek “medical aid in dying” as well as physicians’ choice to participate, the group’s president said Thursday in response to a Supreme Court decision.

As the legal environment changes, the CMA said it will support doctors and patients who find medical aid in dying their best option.

“What we want to do is really make sure patients who are eligible under the new rules have access to this therapeutic service, but at the same time we need to be very careful that physicians have the right to conscientious objection for moral or ethical reasons or religious reasons,” CMA president Dr. Chris Simpson said in an interview from Yellowknife. . . [Full Text]

 

Helping suffering patients die may be doctor’s most humane option, Canadian Medical Association says

National Post

Sharon Kirkley

For the first time, the Canadian Medical Association has said helping a suffering patient die may be a doctor’s most humane option.

In a new position statement approved by its board, the CMA – once firmly opposed to any form of doctor-hastened killing – now states “there are rare occasions where patients have such a degree of suffering, even with access to palliative and end of life care, that they request medical aid in dying. In such a case, and within legal constraints, medical aid in dying may be appropriate.”

The policy change comes as the powerful doctors’ lobby prepares for a possible lifting of the federal ban on assisted suicide when the Supreme Court of Canada releases its historic ruling Friday morning in Ottawa.

If the top court strikes down laws making it a criminal offence to “counsel, aid or abet” another person to commit suicide,  “we’re going to need to hit the ground running if we want to lead and do this well,” said CMA president Dr. Chris Simpson. . . . [Full Text]

If Supreme Court decriminalizes physician-assisted suicide, doctors may be obligated to help with euthanasia

National Post

Shanifa Nasser

Doctors may be forced to support euthanasia over their own religious objections if the Supreme Court of Canada decides to decriminalize physician-assisted suicide in a landmark ruling expected Friday.

The court announced Monday it is set to rule on the Carter case launched on behalf of B.C. women Kathleen Carter and Gloria Taylor, who have since died.

Ahead of the ruling, the College of Physicians and Surgeons of Ontario, which regulates medical doctors in Ontario, has been seeking public input on a draft policy that would force the province’s doctors to help patients access any services to which they are legally entitled. It will finalize the policy after the comment period ends on Feb. 20.

Whatever its policy ultimately looks like, the college is clear: a patient’s right to access services outweighs a doctor’s right to refuse them. “We prioritize the interests of our patients in facilitating access,” says Dr. Marc Gabel, past president of the college and chair of the policy’s working group. . . . [Full Text]