Rejecting criminal liability for life-shortening palliative care

It is possible that a physician who administers life-shortening palliative care, even to a terminally ill patient with the patient's consent, commits murder. The Law Reform Commission of Canada, as part of its proposals on recodifying criminal law, has recommended that criminal liability not attach to the administration of life-shortening palliative care "appropriate in the circumstances". The author submits that while the aim of the Commission's recommendation is good, the phrase "appropriate in the circumstances" should be replaced with more specific criteria for determining when life-shortening palliative care may be administered. Failure to do so would leave physicians in almost as uncertain a situation as is presently the case, preventing them from administering such care without fear of criminal liability.