Health Sciences 2610F/G Lecture Notes - Lecture 9: Sue Rodriguez, Robert Latimer, Cerebral Palsy
19 Apr 2019
School
Department
Course
Professor
March 28, 2019
Medical assistance in dying
Where in the world can you have an assisted death:
In Canada:
• History:
o Sue Rodriguez 1992- advocated to supreme court to end her life due to ALS
▪ Accessed illegal euthanasia in 1994, MD remains unknown
o Robert Latimer, 1993-96- convicted for euthanizing daughter with cerebral palsy
o Nancy Morrison, MD 1997- respirologist, administered lethal dose to end life
o Louis Genereux, MD 1998- lethal dose to 2 HIV positive individuals, medical
license removed
o Kay Carter- spinostinosis, family got together and won against supreme court
▪ Dignitas
March 28, 2019
▪ Carter criteria named after her
o Gloria Taylor
▪ Joined Lee Carter, Hollis Johnson, BC Civil Liberties Association
• Now:
o Supreme Court Decision 2015
o Interim period
▪ Between decriminalization and legislature
▪ One year extension + 6 months (it was an election year…)
▪ Jan-June, need legal representation
o Bill C14, June 2016
o 1% of all deaths, and growing
•
Why Canada decided MAiD was acceptable:
• Supreme court decision:
• Justice Lynn Smith:
o Global social change from Rodriguez v SCC to now
o “No legal impediment to committing suicide” for able bodied people – this
hinges on the argument of rational suicide as well, though not explicitly stated
• “I do not want to, but I am going to die; that is a fact. I can accept death because I
recognize it as a part of life. What I fear is a death that negates, as opposed to
concludes, my life.” -Gloria Taylor
2 key bioethics principles:
• Do no harm
o What is a harm to me, may not be a harm to you
o Psychosocial and existential suffering
o Cannot be alleviated by palliation
o Living through suffering that will end in death is causing harm to some
• Autonomy
o Right to self determination
o With our bodies, with our lives, with our medical decisions
o The right to decide what medical options are not tolerable to us
March 28, 2019
Bill C14:
outlines process for clinicians
Eligibility- “carter” criteria:
• Eligibility for medical assistance in dying
• 241.2 (1) A person may receive medical assistance in dying only if they meet all of the
following criteria:
o (a) they are eligible — or, but for any applicable minimum period of residence or
waiting period, would be eligible — for health services funded by a government
in Canada;
o (b) they are at least 18 years of age and capable of making decisions with
respect to their health;
o (c) they have a grievous and irremediable medical condition;
Document Summary
Where in the world can you have an assisted death: March 28, 2019: carter criteria named after her, gloria taylor. Joined lee carter, hollis johnson, bc civil liberties association: now, supreme court decision 2015. Interim period: between decriminalization and legislature, one year extension + 6 months (it was an election year ) Jan-june, need legal representation: bill c14, june 2016, 1% of all deaths, and growing. Why canada decided maid was acceptable: supreme court decision: I can accept death because i recognize it as a part of life. What i fear is a death that negates, as opposed to concludes, my life. -gloria taylor. Question: what ethical issues did you notice in terry"s documentary: approval for euthanasia doesn"t mean they will follow through. The next 3 ethical battlegrounds in euthanasia practice in canada: the ethics of advanced care directives for maid, the ethics of mature minor involvement, the ethics of mental health inclusion. Honoring wishes made while patient was capable.
