Federal and Provincial Responsibilities to Implement Physician-Assisted Suicide

Area of Science:

• Constitutional Law
• Medical Ethics
• Criminal Law

Background:

• The Supreme Court of Canada's decision in Carter v. Canada affirmed a Charter right to physician-assisted death (PAD).
• This ruling necessitates the creation of legislative safeguards to protect vulnerable individuals while ensuring access to PAD.
• Existing models, such as those in Benelux countries, are considered potentially ineffective by the authors.

Purpose of the Study:

• To present a draft bill amending the Criminal Code to address physician-assisted death (PAD).
• To propose a constitutional balance between access to PAD and protection for vulnerable persons.
• To outline key provisions for informed consent, defining vulnerability, and establishing safeguards.

Main Methods:

• Drafting legislative amendments to the Criminal Code of Canada.
• Developing a framework for informed consent regarding quality of life and treatment options.
• Establishing criteria for defining vulnerability and implementing protective safeguards.
• Proposing a prior review process for consistent and transparent application of PAD law.

Main Results:

• A comprehensive draft bill is presented, detailing specific provisions for PAD.
• The proposed model emphasizes informed decision-making for patients seeking PAD.
• Safeguards are designed to identify and protect vulnerable individuals.
• A prior review mechanism is suggested to ensure equitable access and legal consistency.

Conclusions:

• The proposed legislative framework offers a balanced approach to physician-assisted death in Canada.
• This model aims to protect vulnerable populations while upholding the Charter right to PAD.
• The authors suggest this alternative model surpasses the effectiveness of current international approaches.