Changes to the law on Medically Assisted Dying
/Canada - It has been approximately four years since the Federal Government enacted the Medically Assisted Dying law. Since that time at least 6,700 people have chosen a medically assisted death. Under our current law that means that 6,700 people qualified for MAID even with the restrictions embodied in the legislation. Now the Federal Government is considering amending the law in a manner that will make MAID available for even more people, putting more vulnerable people at risk.
The present legislation has the following restrictions:
You have to have a serious illness or disease;
You must be so advanced in your illness that there is no chance of reversal of the condition;
You must experience unbearable physical or mental suffering that cannot be relieved under conditions that you accept and;
You must be at a point where your natural death has become reasonably foreseeable.
In September of 2019 the Superior Court of Quebec, in Trunchon v. The Attorney General of Canada decided that the criteria that “you must be at a point where your natural death has become reasonably foreseeable” was unconstitutional. The Court said that clause should be struck from the law, but it gave the Federal Government until March 11, 2020, to revise the law. The Federal Government decided not to appeal the Quebec Court’s decision which means that it must start its review, and if the Government does not get an extension, revise the law by March 11, 2020. Otherwise we will be in a situation, like the abortion issue, where there is no guiding legislation on advance directives for access to MAID.
Our federal Justice Minister, David Lametti, has stated that “Canadian Society has evolved quite rapidly since the legislation passed and the experience of other countries has also helped moved public opinion” (National Post, January 12, 2020) He further has stated that “People are generally comfortable now with the concept and so my guess is that we will be able to move on those larger issues” (National Post, January 12, 2020).
If we remain silent these misconceptions of what Canadians are comfortable with will be proved. How many of us are truly aware of what is happening in other countries or even our own country with respect to medically assisted suicide? The larger issues that the Federal Government is moving for review are: the ability to have an advance directive regarding MAID, the ability of mature minors to access MAID and the ability of those with mental illness to access MAID.
An advance directive allows for a person to plan for their suicide. Presently if a person cannot give a legally informed consent then there is no access to MAID. An advance directive would allow a person while they are still mentally able to do so, to direct the circumstances under which they want a medically assisted death. So, for example, if I were diagnosed with ALS (Lou Gehrig’s disease) today I could, if the law were changed, indicate in writing who I wanted to make the decision to end my life if I could no longer make the decision, and I could advise roughly when I wanted that to happen. I may write these directives years before the need arises.
The other issue under review is whether minors can access MAID. In this regard the Federal Government is reviewing whether mature minors with an incurable disease can choose medically assisted death. This means that children, who in someone’s opinion could clearly assess their life, can choose to end their life. A child who cannot yet understand the gift of life, in all its forms, would be able to end life! Regardless of how mature the child may seem, that child would be influenced by parents, adults and society, some of whom believe that all suffering should and must be avoided. Recently in the news, there have been stories of minors who, on discovering they have an incurable disease and limited time to live, have used that time to do wonderful things for society and to further experience the gift of life.
The other issue under review is whether those with underlying mental illness can have access to MAID. This would mean that those with depression or some other illness could choose to have a medically assisted death. But who makes the final decision for them? Who decides that the person will never be able to live with the illness or lead any kind of life whatsoever?
All these issues require lengthy research and discussion. Contrary to what has been stated a great many Canadians are not comfortable with the Medically Assisted Dying legislation and certainly not comfortable with expanding access to it. But we who disagree with Medically Assisted Dying and its expansion must speak up and speak loudly. All are encouraged to form parish groups where the issue of MAID can be discussed, and through sharing plans can be developed for acting. At the very least each of us should speak out, complete the survey the Government has now put online, speak and/or write to your Member of Parliament, the Justice Minister and the Prime Minister.
In the words of the Canadian Conference of Catholic Bishops:
Physician-assisted suicide is an affront to what is most noble, most precious in the human endeavour and a grave injustice and violation of the dignity of every human person whose natural and inherent inclination is indeed the preservation of life. We ought to surround our sick and dying, our vulnerable and disabled, with love and attention, with care and true life-giving compassion.
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Article by Patti Fitzmaurice, the Archdiocese of Winnipeg's Social Justice Coordinator
