Marcia Angell was an editor of the most prestigious medical journal in the world for two decades. She currently gives monthly lectures on ethics to faculty at Harvard Medical School. And she served on a panel that gave advice on medical issues to the White House. But Dr. Angell’s credentials were challenged, Wednesday, in the Supreme Court of British Columbia when a lawyer for the federal Department of Justice tried to prevent her affidavit from being entered in a case concerning physician-assisted suicide.
The words of a man who died in agonizing pain and those of his wife, who wept helplessly at his bedside for days while his life slowly ebbed, were read into the court record during the emotional opening of a right-to-die case. With a dozen lawyers in attendance, a packed public gallery inside and a crowd of placard-waving protestors opposed to change on the Supreme Court of British Columbia steps outside, lawyer Joseph Arvay started dramatically by reading the affidavits of Peter Fenker, and his wife, Grace.
Russel Ogden has seen enough people end their own lives to convince him that a planned and fully accountable suicide is a right all Canadians should have. This week in the Supreme Court of British Columbia, Mr. Ogden and the Farewell Foundation For The Right To Die will be fighting both the provincial and federal governments to make “self-chosen death” a legal option.
The B.C. Civil Liberties Association says it wants to challenge Canada's assisted-suicide laws alone. The BCCLA represents four plaintiffs seeking to change Canada's assisted-suicide laws, including a dying woman who won the right to have her trial expedited because her health is failing. Gloria Taylor suffers from amyotrophic lateral sclerosis, also known as Lou Gehrig's disease. On Wednesday, a B.C. Supreme Court judge ruled Taylor's trial should be heard in November because of the woman's rapidly deteriorating condition. A similar lawsuit is simultaneously being brought forward by the Farewell Foundation. The group's co-founder Russell Ogden is lobbying to join the BCCLA's lawsuit if its own challenge is struck down. Ogden argues testimony from his application should be part of the civil liberties association's case because it's unfair to assess the quality of either challenge.
The first-hand experiences of physicians from coast to coast vividly illuminated a paucity of available palliative care, a simmering health-care crisis in Canada as the baby boomer generation enters old age. The association's members had come together on Tuesday to debate whether to revise the current CMA policy on euthanasia and assisted death. The session ended with an overwhelming vote — 90 per cent — in favour of an advisory resolution that supports "the right of all physicians, within the bonds of existing legislation, to follow their conscience when deciding whether to provide so-called medical aid in dying." The CMA defines "medical aid in dying" as, essentially, euthanasia or physician-assisted suicide.
More than eight out of 10 Quebecers support the legalization of euthanasia, according to a survey commissioned by CBC and Radio-Canada. At least 83 per cent of Quebecers polled earlier this month agree that euthanasia and physician-assisted suicide should be allowed in certain cases. The poll, conducted between Nov. 5 and 15, and based on 2,200 telephone interviews, also found a minority of respondents would choose euthanasia for themselves or a loved one.
VANCOUVER, B.C. — An Australian right-to-die group that wants to teach seriously ill patients how to end their lives has been turned away by the Vancouver public library over concerns that such an event could violate laws that prohibit assisted suicide. Melbourne-based Exit International wants to hold a workshop in November that would include information about which drugs patients can take to kill themselves, how to obtain them and how to take them. The Vancouver Public Library initially took the booking, but has since cancelled after receiving legal advice from its lawyers and local police, said central librarian Paul Whitney. "The library was told in what, for lawyers, I would describe as fairly unambiguous language that the program as presented by Exit International would be in contravention of the Criminal Code," Whitney said Monday. Federal law makes it a crime to counsel, aid or abet someone to kill themselves.
Ms. Taylor, the British Columbia woman who was the lead plaintiff in a lawsuit that challenged laws against physician-assisted deaths, died unexpectedly Thursday of an infection resulting from a perforated colon. Ms. Taylor died peacefully and painlessly, as she had hoped, Ms. Pastine said. She was 64. In June, the B.C. Supreme Court ruled that physician-assisted deaths are protected by the Charter of Rights and Freedoms, and granted Ms. Taylor a personal exemption that would have allowed her the right to seek a physician-assisted death. The federal government appealed that decision, as well as the exemption that applied to Ms. Taylor. The B.C. Court of Appeal in August upheld that exemption. The lawsuit is now headed for the B.C. Court of Appeal and a hearing is scheduled for March, 2013. Four plaintiffs – three individuals and the BCCLA – remain part of the proceedings.
VANCOUVER – Forcing sick patients to suffer through painful, agonizing deaths without the ability to ask a doctor to help them end their lives is akin to “torture,” a lawyer told the British Columbia Court of Appeal on Wednesday as he argued for the legalization of physician-assisted suicide. Joseph Arvay, who represents several plaintiffs in a case that saw the law struck down last year, said the ban on assisted suicide leads some patients with terminal illnesses to end their lives early, because they know they won’t be able to seek a doctor’s help if they become debilitated later. He said the federal government is forcing those patients to make a cruel choice between suicide and suffering. “The choice for those people is, if they comply with the law, they will suffer, and for some of the people the suffering could be tantamount to torture,” Arvay told a three-judge appeal panel.
OTTAWA, July 13, 2012 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, made the following statement today concerning the British Columbia Supreme Court decision in Lee Carter and Hollis Johnson et al. v. Attorney General of Canada. "After careful consideration of the legal merits of the June 15, 2012 ruling from the British Columbia Supreme Court, the Government of Canada will appeal the decision to the British Columbia Court of Appeal, and will seek a stay of all aspects of the lower court decision. The Government is of the view that the Criminal Code provisions that prohibit medical professionals, or anyone else, from counselling or providing assistance in a suicide, are constitutionally valid.