(Pixabay photo)

Feds launch consultation on who’s allowed to seek medically assisted death

Court ruled eligibility cannot be restricted to those whose natural death is ‘reasonably foreseeable’

The Trudeau government is launching public consultations on how best to respond to a court ruling that concluded it’s unconstitutional to allow only Canadians who are already near death to seek medical assistance to end their suffering.

Prime Minister Justin Trudeau has said the government accepts the Sept. 11 ruling of the Superior Court of Quebec and will amend the federal law accordingly.

But while the government has agreed to eliminate the near-death requirement, its consultation questionnaire suggests other hurdles could be imposed to ensure what it considers to be a balance between a person’s right to choose to end their life and protecting vulnerable individuals who could be pressured into an early death.

Under the court ruling, it has until March 11 to amend the law.

Canadians will have until Jan. 27 to offer their views on how the law should be amended through the online questionnaire being launched on Monday.

At the same time, Justice Minister David Lametti, Health Minister Patty Hajdu and Disability Inclusion Minister Carla Qualtrough will be holding roundtables and meetings with stakeholders and other key actors.

The ruling came on the first day of the federal election campaign last fall.

Justice Christine Baudouin ruled that it is unconstitutional for the federal law to restrict eligibility for a medically assisted death to those whose natural death is “reasonably foreseeable.” She similarly said it’s unconstitutional for Quebec, which has its own assisted dying law, to limit eligibility to those who are at the “end of life.”

The ruling technically applies only in Quebec but, since the Trudeau government declined to appeal the decision, any amendments will apply across the country.

The federal law went into effect in June 2016, following a landmark Supreme Court of Canada ruling that struck down the previous prohibition on medical assistance in dying.

The online questionnaire asks people to consider what safeguards should be put in place to prevent abuse if the foreseeable death requirement is removed from the law.

Among other things, it asks people to consider whether:

— The current 10-day period of reflection between requesting and receiving a medically assisted death should be increased.

— The law should require that both the medical practitioner and patient agree that other reasonable treatments and options to relieve suffering have been tried without success.

— Mandatory psychological or psychiatric assessments should be required to determined capacity to consent.

— Mandatory consultation with an expert in a person’s medical condition should be required, in addition to the current mandatory two medical assessments.

READ MORE: Disability rights organization ‘distressed’ about medically assisted death at B.C. hospital

While the public consultations are aimed primarily at how to respond to the Quebec court ruling, they will also dip into broader issues that were excluded in the new law and which must be considered as part of a parliamentary review of the law that is to begin this summer.

Joan Bryden, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Climbers compete for Choc and Chalk

Annual competition attracts more than 100

T.W. Paterson column: Hudson Bay Co.’s Dr. Benson marched to a different drummer

Chief Factor James Douglas soon banished him to the Columbia River

Cowichan resident with dementia breaks silence on stigma in Alzheimer Society campaign

“I don’t think I’ve encountered stigma as much as I’ve encountered a lack of understanding”

Cowichan’s Achurch named all-star MVP

LMG goalie and teammate Scott help VISL beat FVSL

Indian Day School survivors can now submit claims for $10K-$200K in compensation

Anyone who is part of the class action is being encouraged to start the process now

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

BC Ferries hybrid ships arrive in Victoria on Saturday

The battery-operated vessels will take over smaller routes

Theft victim confronts suspects with baseball bat on Vancouver Island

RCMP in Nanaimo seek to identify of two people alleged to have used a stolen credit card

Closed mills, housing surge support a positive forecast for lumber industries

B.C. lumber producers have closed mills accounting for 18% of province’s capacity, RBC report says

Good Samaritan pays part of rent for B.C. woman facing eviction in can-collecting dispute

Zora Hlevnjak, 76, supplements her pension by collecting cans and receiving public donations

Kelowna’s ‘Baby Mary’ finds biological parents after more than 30 years

Geneologist and DNA test helped her connect with her biological parents

Kelowna hotel to award couples for baby-making with Nooner deal

The deal includes a free stay every Valentine’s Day for the next 18 years

Clerk bruised, traumatized after armed robbery at Nanaimo liquor store

Few details on male suspect in Wednesday incident, says Nanaimo RCMP

One last blast of winter tonight for parts of the Island before temperatures on the rise

A snowfall warning is in effect Friday including east Vancouver Island.

Most Read