A Time and Manner to Die: a Study of Medical Assistance in Dying in Canada
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Authors
Catalano, Frank
Date
Type
thesis
Language
eng
Keyword
medical assistance in dying , physician-assisted dying , dying with dignity , medical aid in dying in Quebec , Bill C-14 , Act Respecting End-of-Life Care (Quebec) , Carter , Rodriguez , reasonably foreseeable natural death , end of life care , federalism , Charter rights sections 7 and 15(1) , Canadian Charter of Rights and Freedoms
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Abstract
At the heart of one’s decision to seek medical assistance in dying lie a person’s autonomy and bodily integrity. In Carter v Canada (Attorney General), the Supreme Court of Canada applied this reasoning to hold that every adult person, who has a grievous and irremediable medical condition and is enduring intolerable suffering has the right to a physician-assisted death. I argue in this paper that if a life is no longer worth living due to the very high price to pay to live it, then a person should be permitted to “waive” his/her right to life. In my view, just bearing the grievous and irremediable medical condition that has the effect of causing enduring intolerable suffering to an individual constitutes a very high price to pay. Expecting that individual to have a reasonably foreseeable natural death as well is an affront to that person’s autonomy, bodily integrity and human dignity. I contend that this is the effect of Bill C-14, Parliament’s response to Carter, and Quebec’s Act Respecting End-of-Life Care. Both laws require a patient to prove the elements of a grievous and irremediable medical condition, as the condition is defined in each respective legislation, but in addition, this patient must prove that his/her natural death is reasonably foreseeable and, in Quebec, that he/she is at the end of life. I argue that both laws contravene the essence of Carter and the Canadian constitution on both grounds of federalism and the Canadian Charter of Rights and Freedoms (Charter).
As the notion of dialogue or Charter dialogue often surfaces to describe the relationship between the courts and a competent legislative body, this paper invokes this notion as the basis for its theoretical framework. This paper adopts a normative perspective in anticipation that the SCC will take another look at the issue of medical assistance in dying. It argues what Parliament should have done, or, perhaps, more accurately, what it should not have done in response to Carter. I raise similar arguments in the case of the Quebec legislation. In my opinion, the two laws could successfully be challenged in court.
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ProQuest PhD and Master's Theses International Dissemination Agreement
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Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.