MAID Flashcards
What was argued in the Rodriguez vs BC MAID case?
- patient aged 42 with ALS
argued that by not accessing MAID, it was a violation of Section 7, 15, and 12 of the constitution
Section 7: she was restricted of her right to liberty
Sectional 15: she felt as if she was been discriminated
Section 12: She felt that continuing her life was a cruel and unusual punishment
Section 7 of the constitution
- everyone has the right to life, liberty, and security of the person
Section 15
- every individual is equal before and after the law and has the right to equal protection and equal benefit of the law without discrimination
Section 12
- everyone has the right not to be subjected to any cruel and unusual treatment or punishment
Why was this case rejected?
- majority rejected her claim regarding section 12
- majority recognized that Rodriguez’s right to security of the person was denied by the prohibition because it deprived her of personal autonomy
- they argued that assisted suicide was morally and legally wrong
- ultimately rejected due to 5-4 ruling, founf it to be constitutional
Interveners
- friends of the court, public interest advocates
- aka lobbying groups
- had a passionate interest in the case
Notable groups active in discussion in MAID in Canada
- dying with dignity
- canadian council for disabilities
- canadian council for academics
- BC liberties association
What happened in the carter case?
- this case put more emphasis on suffering
- constrained the ability of individuals to make decisions concerning their body
- leaving such individuals to endure intolerable suffering
- deprive some people of life by forcing them t take them prematurely in fear that would not be able to do so when they reached intolerable suffering
- The law was struck down unanimously
Bill C-14
An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)
When did Bill C-14 receive royal assent
June 2016
Bill C-14 Eligibility requirement for MAID in 2016
- be able to give informed consent in multiple stages
- have a grievous and irremediable medical condition
- voluntary request, no outside influence or pressure
- age 18+ and deemed mentally competent
- be eligible for health services funded by the government
‘Grievous and irremediable medical condition
- at a point where death is foreseeable
- be in an advanced state of decline that can not be reversed
- experiencing suffering that can not be relieved
Informed Consent
you have received all the information to make this decision:
- diagnosis
- available forms of treatment
- available options to relieve suffering
When do patients receiving MAID have to provide informed consent?
MUST be able to give consent
- at the time of request
- immediately before it is provided
- can be withdrawn at any time
MAID timeline presented by Bill C-14
- written request
- requires 2 independent witnesses - medical assessments
- 2 dr or np provide written opinion confirming eligibility - reflection period
- wait 10 days - MAID procedure
- give final consent
- procedure performed
What argument is made in the Truchon vs superior court of Quebec MAID case?
- suffered from incurable medical conditions but were denied MAID because there death was not ‘reasonably forseeable’
Bill C-7 (Royal Assent: March 2021)
An Act to amend the Criminal Code (medical assistance in dying)
Bill C-7 Policy Amendments
- Amend the criminal code to permit MAID for individuals whose death is not reasonably foreseeable
- implemented safeguards
1. 90 day assessment period (instead of 10 day reflection)
2. a 2nd eligibility assessment by a practitioner with expertise in the condition
3. 2 clarifications of informed consent
If you are accessing MAID, you go down 2 paths
1) Track 1: If death is reasonable foreseeable
2) Track 2: If your death is not reasonably foreseeable
Did total MAID deaths increase or decrease from 2016 -2022?
Increase
Why did rates of MAID increase?
More acceptance
More awareness
More normalized
Conditions people access MAID for:
- Cancer
- Cardiovascular
- Other conditions
- Respiratory
- Neurological
- Multiple comorbidities
- Organ failure
What is Bill C-7s temporary exclusion?
- excluded MAID eligibility for individuals suffering solely from mental illness for 24 months
- It does not pertain to those who have cancer and also mental illness, bit whose primary reason for accessing MAID is cancer
Who is part of the special Joint committee on MAID?
- parliament and senate
to conduct a comprehensive review of the Criminal Code MAID
What issues does the special committee cover?
- mature minors
- advance requests
- mental illness
- the state of palliative care in Canada and the protection of Canadians with disabilities
Ethical considerations with MAID
- Fix quality of life of Canadians before pushing MAID
- Fix inequities before making maid laws
- Is it fair to offer people these options before fixing or attempting to fix quality of life
- Should we be addressing social support before maid
- Is it discrimination to exclude vulnerable populations - won’t let them make decision to receive maid, saying they are incapable is discrimination
- If more people access maid will we be taking money away from palliative care?
- Are some lives more valuable than others
- What suffering is tolerable or not - labelling
