Canada's law on medical assistance in dying Euthanasia in Canada

1 canada s law on medical assistance in dying

1.1 availability under law
1.2 must have grievous , irremediable medical condition
1.3 legal safeguards

1.3.1 2 independent witnesses
1.3.2 2 independent medical opinions
1.3.3 10 day waiting period
1.3.4 must informed palliative care
1.3.5 express consent required right before death


1.4 summary of legal steps

canada s law on medical assistance in dying

on 17 june 2016, bill legalize , regulate assisted dying passed in canada s parliament. section outlines details of law. strict rules govern access assisted suicide, if not met aids person in killing guilty of crime. canada s law on assisted dying not allow advance directives, nor allow minors or people suffering mental illness relieve suffering through assisted dying.

availability under law

under canadian law, person may access medical assistance in dying if meet of following criteria:

(a) eligible — or, applicable minimum period of residence or waiting period, eligible — health services funded government in canada;

(b) @ least 18 years of age , capable of making decisions respect health;

(c) have grievous , irremediable medical condition;

(d) have made voluntary request medical assistance in dying that, in particular, not made result of external pressure; and

(e) give informed consent receive medical assistance in dying after having been informed of means available relieve suffering, including palliative care.

must have grievous , irremediable medical condition

before request assisted death can fulfilled, @ least 2 physicians and/or nurse practitioners must confirm independently patient indeed has grievous , irremediable medical condition. 2 medical practitioners or nurse practitioners make determination must independent 1 (e.g. 1 can not work under authority of other), , have no legal or financial interest in outcome of patient.

the law states patient have grievous , irremediable medical condition eligible assisted dying, must meet of following criteria:

(a) have serious , incurable illness, disease or disability;

(b) in advanced state of irreversible decline in capability;

(c) illness, disease or disability or state of decline causes them enduring physical or psychological suffering intolerable them , cannot relieved under conditions consider acceptable; and

(d) natural death has become reasonably foreseeable, taking account of medical circumstances, without prognosis having been made specific length of time have remaining.

when drafting law in 2016, last clause requiring death reasonably foreseeable has been controversial how narrows scope of original supreme court of canada ruling excludes mental illnesses or long term disabilities, vastly limiting may have access procedure.

legal safeguards

canada s law has calls robust safeguards prevent errors , abuse in provision of medical assistance in dying. drafters of law argue protect vulnerable persons... being induced, in moments of weakness, end lives.

two independent witnesses

any person @ least 18 years of age , understands nature of request can act independent witness, unless they:

(a) know or believe beneficiary under of person making request, or recipient, in other way, of financial or other material benefit resulting person’s death; (b) owner or operator of health care facility @ person making request being treated or facility in person resides; (c) directly involved in providing health care services person making request; or (d) directly provide personal care person making request.

two independent medical opinions

both medical practitioners and/or nurse practitioners involved must independently confirm via written opinion both agreement person has grievous , irremediable medical condition , , agreement patient capable , willing of receiving medically assisted death. medical or nurse practitioners making determination must independent (e.g. 1 can not work under authority of other), , have no legal or financial interest in outcome of patient. medical practitioner or nurse practitioner helps in providing medical assistance in dying can considered independent if they:

(a) not mentor other practitioner or responsible supervising work;

(b) not know or believe beneficiary under of person making request, or recipient, in other way, of financial or other material benefit resulting person’s death, other standard compensation services relating request; or

(c) not know or believe connected other practitioner or person making request in other way affect objectivity.

10 day waiting period

due irrevocable nature of ending life , receive medical assistance in dying, patients must sign , date written statement confirming request die in presence of 2 independent witnesses, 10 clear days before day die. if death or loss of capacity provide consent imminent, both medical practitioners or nurse practitioners can agree waive or shorten 10 day waiting period.

if person requesting medical assistance in dying unable sign , date request, person — @ least 18 years of age, understands nature of request , not know or believe beneficiary under of person making request, or recipient, in other way, of financial or other material benefit resulting person’s death — may in person’s presence, on person’s behalf , under person’s express direction.

must informed palliative care

before can continue receiving assisted dying, patients required informed means available relieve suffering, including palliative care options, make sure patients don t rush decision based on misconceptions or misinformation future life may bring.

express consent required right before death

a patient chooses pursue medical assistance in dying can revoke consent @ time, in manner, without fear of consequence. in addition this, law requires patient informed repeatedly , @ time have right refuse medical assistance in dying.

patients must again give express consent of wish receive medical assistance in dying before receive it, , must given opportunity withdraw request before procedure performed.

if patient has difficulty communicating, before procedure can performed physicians must ensure necessary measures have been taken ensure reliable method of communicating patient exists, patients @ times can understand information provided them, , can adequately communicate decision make back.

because of law s strict insistence on express consent being present @ times, canada s law not allow advanced directives, or people consent in advance receiving medically assisted death @ later time, suffering alzheimers or dementia may want arrange.

summary of legal steps

the actual text of law states before medical practitioner or nurse practitioner provides person medical assistance in dying, medical practitioner or nurse practitioner must

(a) of opinion person meets of eligibility criteria

(b) ensure person’s request medical assistance in dying was:

(i) made in writing , signed , dated person or person independent observer, and
(ii) signed , dated after person informed medical practitioner or nurse practitioner person has grievous , irremediable medical condition;

(c) satisfied request signed , dated person — or person under subsection (4) — before 2 independent witnesses signed , dated request;

(d) ensure person has been informed may, @ time , in manner, withdraw request;

(e) ensure medical practitioner or nurse practitioner has provided written opinion confirming person meets of criteria set out in subsection (1);

(f) satisfied , other medical practitioner or nurse practitioner referred in paragraph (e) independent;

(g) ensure there @ least 10 clear days between day on request signed or on behalf of person , day on medical assistance in dying provided or — if , other medical practitioner or nurse practitioner referred in paragraph

(e) both of opinion person’s death, or loss of capacity provide informed consent, imminent — shorter period first medical practitioner or nurse practitioner considers appropriate in circumstances;

(h) before providing medical assistance in dying, give person opportunity withdraw request , ensure person gives express consent receive medical assistance in dying; and

(i) if person has difficulty communicating, take necessary measures provide reliable means person may understand information provided them , communicate decision.