(Globe+Mail) André Picard–Court has ruled on "assisted death," but Canada is not prepared

On Feb. 6, 2016 ”“ one year after the historic Supreme Court ruling in the case of Kathleen Carter and Gloria Taylor ”“ physician-assisted death will be legal in Canada. The Canadian Medical Association last week debated what life would be like for physicians and patients in this brave new world. One thing was clear: We are woefully unprepared for Feb. 7.

The Court said the Criminal Code’s prohibitions on assisted suicide will no longer apply “to the extent that they prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.” It also stated that physicians cannot be compelled to hasten a person’s death.

In the yawning gap between this straightforward theory and the complexities of everyday practice lie many questions:

Ӣ When a patient asks for a hastened death, who will they ask?

”¢ What do the terms “grievous and irremediable” and “enduring suffering that is intolerable” mean?

”¢ Who will determine a patient’s capacity to consent?

”¢ If a physician can’t be compelled to perform the act, does he or she have an obligation to refer to a doctor who will?

”¢ How long will the “cooling off” period be between a request and administration of a lethal drug?

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