June 6, 2016 – What is the status of physician assisted dying legislation?

A personal note from Joanne: “I am compelled to say — having been involved for over 25 years, along with many members of our Board of Directors and other non-profit organizations, citizens and professionals — I can only wish (beg?) that BC’s existing legislation on health care consent and planning tools, particularly Representation Agreements, will receive the same kind of attention from the media, regulatory bodies and government as the MAiD issue is getting. Why? — because these affect a lot more people!

Respecting choice and informed consent can’t just be talk, they have to be the walk— and that is what the community-initiated, consensus-based law reform of adult guardianship in BC was all about! Every day, Nidus hears from the public that the laws in place in BC since February 2000 are not known or honoured by the professionals and institutions who are legally bound to do so. Our webinars include MAiD and much more. They are free..and we are more than willing to collaborate.*“

Medical Assistance in Dying is law in Canada as of June 17, 2016. Read the latest news at the next Ask Joanne post. (Good information below on this page too.)

Physician Assisted Death (PAD) has been legal in Canada since February 6, 2016. Individuals requesting physician assistance with dying could apply for a court order approving that such assistance is exempt from prohibitions in the Criminal Code of Canada. The BC Supreme Court awarded two exemptions between February 25, 2016 and June 3, 2016 (see details below under Resources).

As of June 6, 2016 an exemption by court order is no longer required. The prohibitions in the Criminal Code against physician assistance in dying will no longer be in effect, for specific situations, as ruled by the Supreme Court of Canada in the Carter v. Canada decision released February 6, 2015.

The federal government has been working on legislation for Medical Assistance in Dying (MAiD), intended to come into effect by June 6, 2016.

The proposed legislation, Bill C-14, was passed (third reading) by the House of Commons (Canadian Parliament) on May 31^st but it has not yet been passed by the Senate.

On June 1^st, the Honourable Jody Wilson-Raybould, P.C., M.P., Minister of Justice and Attorney General of Canada and the Honourable Jane Philpott, P.C., M.P., Minister of Health addressed the Senate on Bill C-14 and responded to questions. You can read this exchange.

On Friday, June 3^rd, the Senate approved Bill C-14 in principle and referred it to the Standing Senate Committee on Legal and Constitutional Affairs.

After the Senate Committee discussion, which may include proposing amendments, the Bill comes back to the full Senate for third reading (voting). The Senate vote will take place after June 6, 2016. The Senate must pass the Bill at third reading in order for it to become law. If the Senate makes amendments, the Bill goes back to the House of Commons for debate and voting. Then it goes back to the Senate. A Bill must be passed by both the House of Commons and the Senate before it can become law.

As of June 6, 2016, individuals in British Columbia who request medical assistance in dying, will be subject to the standard developed by the BC College of Physicians and Surgeons and the declaration of the Supreme Court of Canada from the Carter ruling. The BC Government has updated the regulations governing the Health Professions Act to support the College’s standard.

If an individual’s request for medical assistance in dying is denied and they believe the denial goes against the Supreme Court of Canada declaration as provided in the Carter v. Canada ruling, they may decide to apply to the BC Supreme Court to enforce their request.

Nidus made up a chart to identify eligibility and other requirements for medical assistance in dying as described in the Carter decision and in the new legislation as proposed by Bill C-14 and with guidelines/standard in place. The chart is provided for information; it is not legal advice.

Chart to Compare Carter ruling and Bill C-14 unproclaimed as of June 6, 2016

We will revise the chart based on developments and feedback and will provide current information in other Ask Joanne posts. We will also produce education materials when we know the outcome of Bill C-14.

Thank you to Geoffrey White, a lawyer in Kelowna with Geoffrey W. White Law Corporation, and a member of the Nidus Practice Advisory Group for his assistance in reviewing this issue with me. Any errors cannot be attributed to Mr. White.

 

“* In reference to my introductory comments, I want to acknowledge the support we receive from lawyers in private practice including their participation in webinars offered by Nidus through Courthouse Libraries BC. I also want to recognize the efforts of the BC Association of Social Workers and the BC College of Social Workers who encourage their members to become educated about the law and resources available for their patients and clients.” Joanne.

 

RESOURCES

Learn more about BC planning legislation

Monthly Q&A Webinar – free, some general information then over to your questions!

Click Information (top menu bar at Nidus website) > click on topic

 

Registering your plans and wishes

The Nidus Personal Planning Registry provides secure storage and 24/7 access for your important information and documents and lets you make these available to others who need to know.

Coming soon – you will be able to upload audio and video files! This feature will appeal to those who want to express their intent and wishes verbally – a personal message for family/friends and/or third parties.

Requesting MAiD in BC

The BC Government’s press release issued June 6, 2016 states that each health authority has been directed to appoint a co-ordinator for medical assistance in dying.

The BC Government now coordinates information and forms on MAiD for British Columbians.

Also see BC College of Physician and Surgeons FAQs on MAiD

Information

FEDERAL GOVERNMENT WEBSITE INFORMATION ON MAID

http://www.justice.gc.ca/eng/cj-jp/ad-am/index.html

EXEMPTIONS THAT WERE GRANTED BY THE BC SUPREME COURT – FEB. 25, 2016 TO JUNE 6, 2016

On February, 25, 2016 Chief Justice Hinkson of the BC Supreme Court issued a Notice Regarding Applications for Exemption from the Criminal Code Prohibition Against Physician Assisted Death

The Notice provided guidance for applications requesting physician assisted death and an exemption to the prohibitions in the Criminal Code. One aspect that Nidus took note of was the direction for the person making the request (the petitioner) to provide any materials related to their application to any attorney named in a power of attorney in effect at the time (this would include an enduring power of attorney and also refers to an institution or corporation who is named as attorney as well as an individual). However, the Notice did not mention a Representation Agreement Section 7 that includes authority for legal affairs.

Two exemptions were given:

April 1, 2016 — Re: A.A.

May 28, 2016 — Re: H.H.

INFORMATION FROM LIBRARY OF PARLIAMENT

https://lop.parl.ca/sites/PublicWebsite/default/en_CA#

Search the Library of Parliament website – for example, how a federal bill becomes law – https://learn.parl.ca/understanding-comprendre/en/how-parliament-works/how-a-bill-becomes-a-law/

Background and Other Information

LOBBY GROUPS AND POSITIONS

Dying with Dignity and BC Civil Liberties Association

Vulnerable Persons Standard

REPORT BY SPECIAL JOINT COMMITTEE ON PHYSICIAN-ASSISTED DYING

On February 25, 2016, the federal Special Joint Committee on Physician-Assisted Dying submitted their report and recommendations to the Canadian Parliament. The term ‘Medical Assistance in Dying’  instead of ‘Physician Assisted Death/Dying’ was one of the suggestions, to reflect the reality that other health care providers, such as pharmacists and nurses, will be involved in the process – not only physicians.