How to Legalize Medically Assisted Death in a Free and Democratic Society

Area of Science:

• Law and Ethics
• Bioethics
• Canadian Legal Studies

Background:

• The Supreme Court of Canada invalidated the physician-assisted death prohibition in 2015.
• Parliament subsequently enacted legislation for medical assistance in dying (MAID) in 2016.

Purpose of the Study:

• Critique the principles and accessibility of Canada's current MAID legislation (Bill C-14).
• Propose an alternative 'Ideal MAID' legislation aligned with democratic societal values.
• Advocate for this 'Ideal MAID' as the optimal framework for legalizing assisted dying in Canada and similar nations.

Main Methods:

• Analysis of Supreme Court of Canada's arguments against the criminal prohibition of physician-assisted death.
• Legal and ethical critique of Bill C-14's MAID provisions.
• Development of a proposed 'Ideal MAID' legislative framework.

Main Results:

• Bill C-14's MAID legislation is deemed incompatible with free and democratic societies.
• Current MAID laws unduly restrict access to assisted dying and create unnecessary barriers.
• The proposed 'Ideal MAID' framework offers a balanced approach satisfying diverse stakeholder interests.

Conclusions:

• Canada's current MAID legislation requires significant reform to align with democratic principles.
• 'Ideal MAID' presents a viable and ethically sound model for legalizing medical assistance in dying.
• The proposed legislation serves as a blueprint for other free and democratic societies considering assisted dying laws.