(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

West Kootenay snowpack nearing record levels

High snowpack can mean a greater risk of flooding in spring, say forecasters

Calendars for a cause: Linocut calendars raise funds for Kalein Centre

The last few calendars and cards are available at Cowan’s Office Supplies and Zinnia Textiles

VIDEO: Kootenay Patricks, Montreal Canadiens play to the crowd in Nelson

The charity game was a spectacle from puck drop

City of Nelson creates student opportunity

“We didn’t realize how much we needed this person until we met them.”

Whitewater’s Adam Kuch to compete at Freeride Junior World Championship

Kuch is one of four Canadians competing in his division

VIDEO: Mass coronavirus quarantines seen in China won’t happen in Canada, authorities say

‘If a case comes here, and it is probably … it will still be business as normal’

Province’s oldest practising lawyer shares advice at her 100th birthday party

Firefighters bring Constance Isherwood a cake with 100 birthday candles

Vernon woman suing McDonald’s for spilled coffee

Woman seeking nearly $10K, says employee failed to put lid on properly

Diners’ health tax not catching on in B.C., restaurant group says

Small businesses look for options to cover employer health tax

B.C. comic wins judgment after club owner slaps cellphone out of his hands

Incident happened last summer when Garrett Clark was performing in Abbotsford

Mayors call for ‘calmness’ as highway rockslide cuts Tofino, Ucluelet off from supplies

Ministry of transportation expects to open road for “essential travel only” from noon-8 p.m. Friday.

Owner surrenders dog suffering from days-old gunshot wound to B.C. SPCA

The dog was also found to be emaciated and suffering from a flea infestation

B.C. man dies after police called for ‘firearms injury’ in rural Alberta

Victim is 30-year-old Greater Victoria man, say police

Most Read