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OTTAWA The government of Prime Minister Justin Trudeau introduced legislation on Thursday to legalize physician-assisted suicide for Canadians with a serious and incurable illness, which has brought them enduring physical or psychological suffering.
The
proposed law limits physician-assisted suicides to citizens and
residents who are eligible to participate in the national health
care system, an effort to prevent a surge in medical tourism among
the dying from other countries.
If the bill passes, Canada will join a group of countries that
permit some form of assisted suicide, including Belgium, the Netherlands,
Switzerland and Germany. Assisted suicide is legal in only a few
American states, including Oregon and Vermont.
Under
Canadas proposed law, people who have a serious medical
condition and want to die will be able to commit suicide with
medication provided by their doctors or have a doctor or nurse
practitioner administer the dose for them. Family members and
friends will be allowed to assist patients with their death, and
social workers and pharmacists will be permitted to participate
in the process.
The legislation is the latest step in a decades-long and frequently
emotional debate in Canada about the rights and protections of
patients with serious medical conditions who might seek to end
their lives.
The legislation is expected to pass, given the Liberal Partys
strong majority in the House of Commons. However, the government
has promised to further study the issue after the laws passage
and may make changes to the system.
For
some, medical assistance in dying will be troubling, Jody
Wilson-Raybould, the justice minister, said at a news conference
on Thursday. For others, this legislation will not go far
enough.
The bill would allow consenting adults capable of making
decisions with respect to their health to choose to end
their own lives or seek assistance in doing so from their doctors.
A physician must decide that natural death has become reasonably
foreseeable, taking into account all of their medical circumstances.
Officials said that a patient does not have to have a terminal
condition, citing the example of someone with an immune system
deficiency which leaves them vulnerable to lethal infections.
Two independent physicians must agree and the patient must wait
15 days before moving to end his or her life, though the bill
would allow for that waiting period to be shortened under certain
circumstances.
Doctors will not be required to help people die, but they must
refer patients to another physician if they have an objection
to participating.
Ive
seen people die well and Ive seen people die in misery,
Dr. Jane Philpott, the health minister who is also a family physician,
told reporters on Thursday after the bill was introduced. I
want Canadians to have access to the best care possible.
The governments proposal is more restrictive than some proponents
of legal assisted suicide had sought. It does not include provisions
for minors who may be capable of making decisions about their
own medical care to choose to end their lives, nor does it allow
for people in the early stages of illnesses like dementia to request
an assisted death while they are still competent.
This law actually pits me against medical ethics,
said Dr. Brett Belchetz, a physician with Dying With Dignity Canada,
an advocacy group. There are a number of shortfalls and
I do think the legislation requires an urgent rethink.
Critics of the legislation, including some religious groups, have
long opposed any form of assisted death.
It changes our approach to human life, it changes our approach to human society, Cardinal Thomas Collins, the Roman Catholic Archbishop of Toronto, said in an interview Thursday after the new bill was introduced. He added that he was deeply troubled by the pressure the legislation might put on health care workers who object to assisted suicide.
Mr. Trudeau, who came to power in the fall, moved to introduce
the bill to fill the legal void left in February 2015 when the
Supreme Court of Canada overturned a criminal ban on assisted
suicide.
The court had unanimously concluded that it was unconstitutional
to deny the option of assisted death to consenting adults with
severe medical conditions. At that time, the previous government,
led by Stephen Harper, had one year to introduce a new law.
But Mr. Harpers Conservative Party was divided on the issue
and did little to introduce legislation before last Octobers
election.
When
it became apparent that the Conservative government was not going
to act on the courts ruling, the province of Quebec used
its powers over health care to introduce a system for assisted
dying late last year. Judges in other parts of Canada have also
given individual patients permission to hasten their own deaths.
The previous government, backed by some religious leaders, vigorously
challenged any attempts to legalize assisted suicide through the
courts.
Mr. Trudeau, before he became prime minister, had supported a
law that would allow for doctor-aided deaths, a position he said
was informed by the final days before the death of his father,
former Prime Minister Pierre Elliott Trudeau. He died in 2000
after declining aggressive treatments for prostate cancer and
Parkinsons disease.
A few Liberal members of Parliament in Mr. Trudeaus party
have said that the new law conflicts with their religious beliefs,
and they will not support the legislation. Still, the bill is
expected to pass but maybe not by June 6, the date on which the
current criminal prohibition expires.
Michael Cooper, a Conservative member of Parliament, said his
party will work with the government to make sure that the deadline
is met.
Mr. Cooper said that he was pleased that the legislation proposes
a narrower system than the one put forward this year by a parliamentary
committee, though he added that he is still opposed to using nurse
practitioners to aid assisted deaths.
Dominic
LeBlanc, the Liberal Party leader in the House of Commons, told
reporters Thursday that he would propose extended parliamentary
sessions to pass the legislation in time.
He also reminded opponents of the bill that this question
of whether Canadians should have access or not was decided by
a unanimous Supreme Court. Defeating or delaying the legislation
beyond the June deadline, he said, would leave a complete
vacuum.