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Governance Health Human rights Justice Population

Now that assisted suicide and euthanasia is legal, what Canadians can expect: Literature review

The arbitrary second deadline set by the Supreme Court of Canada for the coming into force of its arbitrary and senseless decision to invalidate Criminal Code protections against assisted suicide and euthanasia has arrived. Unless further extended, as of today Canadians wishing to commit suicide but too squeamish to do so themselves can take a shot at finding a doctor to kill them.

While the government will likely make the case for pushing through its proposed legislation, Bill C-14 a.k.a. the Medical Assistance in Dying Bill, it will have little practical effect. While presented as taking a conservative approach by only allowing individuals whose “death is reasonably foreseeable” to consent to being killed, Bill C-14 contemplates extending such consent to “mature minors” and those with mental illness within less than 180 days after it’s passed.

So what can Canadians expect to flow from this ill-considered decision to legalise consent to being killed? Unfortunately, a review of the literature in jurisdictions that legalised assisted suicide and euthanasia prior to Canada isn’t encouraging.

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Governance Health Human rights Justice Population

Bill C-14, an assisted suicide and euthanasia law by any other name

Canadian Members of Parliament are set to vote on Bill C-14, also known as the Medical Assistance in Dying Bill. The bill will repeal numerous legal protections against assisted suicide and euthanasia in the Criminal Code, in line with 2012 Supreme Court of Britisch Columbia and  2015  Supreme Court of Canada decisions that found such protections unconstitutional. Notably, both Parliament and the courts have reversed course on previous decisions that upheld the constitutionality of those same legal protections under nearly identical circumstances.

Bill C-14 has been promoted by the federal government as taking a conservative approach, only allowing assistance in cases where “death is reasonably foreseeable” and implementing “safeguards” against abuse. However, as written it clearly contemplates broadly legalising assisted suicide and euthanasia, even for “mature minors” and those with mental illness.

Conspicuously absent from the debate has been any discussion about the experience with similar legislation in the United States and European Union, where both legal and medical reviews have been decidedly critical, second-guessing the wisdom of even having such legislation. That’s likely because the rationale for such laws, the topic to be covered here, is questionable at best.