Roger Foley Challenges Canada's Euthanasia Law

https://nationalpost.com/news/canada/denied-assisted-life-by-hospital-ontario-man-is-offered-death-instead-lawsuit

An Ontario hospital that wants to discharge a suicidal man [Roger Foley] with a crippling brain disease threatened to start charging him $1,800 a day, and suggested his other options included medically assisted death [non-voluntary euthanasia], according to a new lawsuit.

It also claims Canada’s new assisted dying laws are unconstitutional and should be struck down because they do not require doctors “to even try to help relieve intolerable suffering” before offering to kill a terminally ill patient.

Media Release: Carter has been proved wrong; new law needed to prohibit assisted suicide & euthanasia

FRIDAY, MAY 20, 2016

FOR IMMEDIATE RELEASE

Canada’s Bill C-14, which seeks to codify assisted suicide and euthanasia, is a recipe for elder abuse. Recommendations by the Senate Legal & Constitutional Affairs Committee do not solve the bill’s problems. The bill violates the Canadian Supreme Court case, Carter v Canada.  

Recent news stories have proven Carter wrong. This justifies a new look at the issue, including time for more study or a new law prohibiting euthanasia and assisted suicide. 

Canada: Bill C-14 is a Recipe for Elder Abuse & Contrary to the Carter Case

https://choiceisanillusion.files.wordpress.com/2016/05/press-release-bill-c-14.pdf

FOR IMMEDIATE RELEASE

Dore:  "Canada’s Bill C-14, which seeks to codify assisted suicide and euthanasia, is a recipe for elder abuse.”

“The bill is contrary to the Canadian Supreme Court case, Carter v Canada, which envisioned a ‘carefully designed and monitored system of safeguards.’”

Contact: Margaret Dore:   (206) 697-1217
margaretdore@margaretdore.com

Ottawa, ON - Lawyer Margaret Dore, president of Choice is an Illusion, which has been fighting efforts to legalize assisted suicide and euthanasia in the United States, Canada and other countries, made the following statement in connection with Canada’s Bill C-14, which seeks to codify assisted suicide and euthanasia into law.

"The bill refers to assisted suicide and euthanasia as 'medical assistance in dying,' but there is no requirement that a person be dying,” said Dore. “‘Eligible’ persons may have years, even decades, to live.”

Dore said, "The bill is a recipe for elder abuse. The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose. There is no oversight over administration." Dore elaborated, "In the case of assisted suicide, not even a doctor or other medically trained person is required to be present at the death.  If the patient struggled, who would know?"

“The bill is a response to the Canadian Supreme Court decision, Carter v. Canada, which found a right to assisted suicide and euthanasia for ‘competent’ adults who ‘clearly consent,’” said Dore. The bill, however, does not comply with these requirements. Dore explained, “The bill does not even use the word ‘competent,’ except in the bill’s preamble, which does not have force of law. The bill violates Carter, which requires that the patient be a ‘competent adult.’”

“Carter also envisioned  a ‘carefully designed and monitored system of safeguards,’” said Dore. “This would at the very least require oversight when the lethal dose is administered to the patient. The bill does not do so. There is also no required monitoring or investigation after the patient’s death.”

Canada: Oregon Doctor Urges Rejection of Carter and Bill C-14

Dear Member of Canadian Parliament,

VOTE NO ON BILL C-14; INVOKE THE NOTWITHSTANDING CLAUSE TO OVERRIDE THE CARTER DECISION

"Don't follow Oregon's
 failed experiment"

For 49 years I have been a cancer doctor in Oregon where assisted suicide has been legal for a number of years. I have seen the tragedy and harm to patients, the medical profession and society from assisted suicide.

If enacted Bill C-14 will encourage people with years to live to have their lives terminated prematurely. My patient, Jeanette Hall, wanted assisted suicide from me in 2000. After helping her have hope in her cancer condition, she agreed to be treated and is now alive and very well 15 years later.  She says, "It's great to be alive!"

"No" on Bill C-14 and Carter; No Assisted Suicide; No Euthanasia

Robert-Falcon Ouellette

Dear MP Robert-Falcon Ouellette:

I was happy to see the CBC article concerning your reluctance to endorse Bill C-14. You are right to be concerned.

I am a lawyer in Washington State USA where assisted suicide and euthanasia are legal. Bill C-14 and legalization generally will encourage people with years to live to throw away their lives. Carter was wrong. Legalization does not promote the right to life.

Please consider the following reasons:

1.  The bill's title, "medical assistance in dying," implies that eligible people are dying. There is no requirement that people be dying. They are instead required to have a "grievous and irremediable medical condition." See Bill C-14, § 241.2(2).

Canada: Crown files opening brief in Carter

Assisted suicide too risky, allowing it demeans value of life, federal gov't says

http://www.vancouversun.com/news/Assisted+suicide+risky+allowing+demeans+value+life+federal+says/7447066/story.html

The Canadian Press October 25, 2012 12:30 PM

 

VANCOUVER - The federal government says allowing doctor-assisted suicide demeans the value of life and puts vulnerable people at risk in moments of weakness.

Ottawa has filed its arguments in an appeal of a B.C. decision that struck down the prohibition on doctor-assisted suicide, arguing the trial judge was wrong to conclude the law is unconstitutional.

In documents filed with the B.C. Court of Appeal, the government says the law reflects a reasonable belief that allowing assisted suicide would put vulnerable people at risk of being coerced or even forced to end their lives.

The government says the law reflects Parliament's desire to discourage and prevent suicide in all cases, and it should be up to lawmakers, not the courts, to decide if that needs to change.

Ottawa argues the Supreme Court of Canada's 1993 decision upholding the law in a case involving Sue Rodriguez was final.

The B.C. case was launched by several plaintiffs, including Gloria Taylor, who won a constitutional exemption from the law but died earlier this month without resorting to assisted suicide.
Read more: http://www.vancouversun.com/news/Assisted+suicide+risky+allowing+demeans+value+life+federal+says/7447066/story.html#ixzz2AM32CGOR

Canada: What about the right to cry for help?

http://www.montrealgazette.com/news/about+right+help/6907100/story.html

By Amy E. Hasbrouck

It has taken me a long time to read through the nearly 400 pages of the June 15 decision of the British Columbia Supreme Court on the issue of assisted suicide. I found reading it to be like a journey to a dark place, full of raw emotions.

The long and the short of the reasons for judgment issued by Justice Lynn Smith is that legal provisions in Canada prohibiting assisted suicide law are unconstitutional because they impede disabled people’s rights to life, liberty and security of the person.

The judge believes that having a disability or degenerative illness is a rational reason to want to die, and that those of us with disabilities should be helped to die if we can’t do it neatly or efficiently ourselves.

Justice Smith doesn’t appear to believe that people with disabilities and terminal illness are ever coerced, persuaded, bullied, tricked or otherwise induced to end our lives prematurely. She believes those researchers who contend there have been no problems in jurisdictions where assisted suicide is legal, and she rejects evidence suggesting there have been problems.
She writes: “It is unethical to refuse to relieve the suffering of a patient who requests and requires such relief, simply in order to protect other hypothetical patients from hypothetical harm.”

I’ll have to mention that to some of my hypothetical friends who say they have been pressured by doctors, nurses and social workers to hypothetically “pull the plug.”

The same goes for all those folks who succumbed to the pressure; I guess they’re only hypothetically dead.

Canada, Carter & Outrage!

"Canada will be known as the country where a Provincial Judge has more power than the Federal Government. "

* * *

Dear Ms. Kerry-Lynne Findlay MP,

I am angry and upset about Justice Lynn Smith's decision in the Carter case, giving Ms. Carter the "right" to assisted suicide/euthanasia. 

This erroneous and presumptuous decision by Justice Smith is a guarantee of elder abuse unto death. We already have a problem with elder abuse in Canada. I witnessed this firsthand with my mother, when, after a mild stroke, the relative holding power of attorney decided my mother would have no treatment. I sat by my mother's bedside in a Nova Scotia nursing home, unable to do anything except hold her hand while she suffered for six days, before finally succumbing to dehydration and starvation. If Justice Smith's decision is allowed to stand, there will be no need for inconvenienced or greedy relatives to wait for even this questionable medical procedure of withholding treatment.

It appears that Justice Smith holds herself above the Government of Canada. She has given our elected representatives, such as yourself, a year to comply with her decision to allow people to "help" kill other Canadians. This is the right to commit homicide. The Federal Government of Canada decided many years ago that Canada would not kill convicted murderers, even if they want to die, but now Justice Smith had deemed that anyone in Canada can kill another person who allegedly asks to be killed. 

MP Findlay, the "right" to kill someone is not a decision for a Provincial Court Justice to make. If Justice Smith's decision is upheld, Canada will be a place of supreme irony. We will have the distinction of protecting the lives of convicted murders, while allowing our vulnerable elders and others to be subject to human error or deliberate murder. We will also be, I believe, unique as a nation: Canada will be known as the country where a Provincial Judge has more power than the Federal Government. 

I look forward to your response on this matter.

Thank you.

Yours truly,

Kate Kelly, B.A., B. Ed.

From Afghanistan to Activist Against Assisted Suicide: "These are things worth fighting for"

By John Coppard

To view the original publication in Brain Tumour Magazine, click here.
To learn more about Brain Tumour Magazine, click here.

It was early summer 2009 and I was on my second “tour” in Kabul, Afghanistan, this time as NATO’s civilian spokesman.  I was responsible for representing NATO to media from the Alliance’s 28 member nations - regional powers such as Iran, Russia and Pakistan, and other troop contributing nations to the International Security Assistance Force, as well as Afghanistan’s own emerging media.  While my military counterpart handled military-specific issues, I was responsible for explaining the political and diplomatic aspects of NATO’s support to this brave and tragic country. With lukewarm support for the mission in many contributing nations, and a traumatised Afghan population bombarded by Taliban propaganda and wary of Western intentions, the stress of the job could be intense.

I felt up to the challenge.

Canada: "Justice Smith seemed skepical of Mr. Arvay's argument"

This Report is from the Farewell Foundation for the Carter Case, December 16, 2011:

 

Zero-Tolerance for Wrongful Death

 

Joe Arvay submitted that Canada's closing argument amounts to a "zero-tolerance" policy because it says Parliament can't enact a law that "might create even the 'risk' that one person might die who should not have died."  Arvay said Canada's counsel is "simply wrong" and clarified that Parliament could "leave the matter unregulated as a private matter between the physician and patient," but he hoped government would create some sort of law to regulate assisted death.

 

Justice Smith pointed out that Canada did not have capital punishment because of the risk that one wrongful death of an innocent person is too many.  "What do you say to that?"

 

Mr. Arvay answered "Let us put to rest once and for all the complete red herring of capital punishment.. Canada says capital punishment was abolished 'precisely because even the best justice system in the world makes mistakes that, if capital punishment were an option, would result in the death of innocent individuals.' . It need hardly be mentioned that we can assume that everyone on death row wants to live and is being killed involuntarily.  Involuntary death is not only not sought in this case, it is the polar opposite of what is sought in this case - the right to control one's own life and death."

 

Justice Smith seemed skeptical at Mr. Arvay's argument.  She pointed out that some voluntary deaths may involve people who do not really mean to die. In answer, Arvay said that the risks had to be reconciled somehow, that we don't live in a totally risk free world and that the Court should look at the risks that are already inherent in the medical system every day.  Arvay said that if Justice Smith chose to strike the law, the federal parliament had the option of crafting the best law humanely possible.

 

To view the entire report, go here: 

http://farewellfoundation.ca/wordpress/?p=356 

Canada: "It's too dangerous to allow others to kill us"

http://www.calgaryherald.com/health/dangerous+allow+others+kill/5776735/story.html

By Brian Purdy - Calgary Herald - November 28, 2011

Suicide is legal, assisting it is not. The debate about the legalization of assisting suicide is in the news again, with another court case approaching the Supreme Court of Canada.

There are two points of view. The first is that every person has a right to end one's own life, so why should it not be legal to assist someone to do so? A person at the end of life can get help to end suffering and an unbearable dwindling away to an inevitable end. Why should a doctor or anyone else be made a criminal for an act of mercy?

The second view is that legalizing assisting a suicide is a dangerous slippery slope. Lord Acton, who famously said "Power corrupts, and absolute power corrupts absolutely," also said something else about power. He said, "do not grant powers on the assumption they will not be abused."

Those who take the second view think that legalizing assisting suicide would lead to the likes of "Dr. Death" Jack Kevorkian not only assisting but encouraging people to commit suicide, often in highly inappropriate cases. It might lead to "suicide parlours" where depressed but otherwise healthy people could have a final lethal cocktail. Doctors might rid themselves of long term comatose patients without proper consent. Licia Corbella has pointed out in these pages that a very large number of patients in the Netherlands have been terminated by their doctors without any consent by the patient.

Canada: Anti-suicide laws have served him well

http://www.timescolonist.com/health/Anti+suicide+laws+have+served+well/5731465/story.html
By John Coppard, Times ColonistNovember 18, 2011

The editorial "Time to talk on right to die" asserts the time is now right to discuss this critically important topic (Nov. 16). 

I submit that the time passed a little over a year ago, when parliamentarians overwhelmingly rejected private member's bill C-384 seeking to legalize physician-assisted suicide and euthanasia by a vote of 228 to 59.
Representatives of all parties recognized the dire risks to public safety of giving physicians the legal right to take their patients' lives, and our health-care system, and even friends and relatives, the legal right to steer ill people toward suicide. Our democratic representatives correctly saw this as open to abuse, and bad public policy.

The "Carter case" now ongoing in Vancouver is an attempt to end-run Parliament.

As a person who is "grievously and irremediably ill" with Grade IV brain cancer, I would be affected should this case succeed. Two and a half years after being given a 20 per cent chance of surviving five years, I am doing very well on a medication approved by Health Canada only a year ago, within a week of my cancer coming back.

Had I been given the legal choice of assisted suicide when I first received my terrible prognosis, or when my cancer returned, when I felt hopeless, I don't know what I would have done.

Now I'm doing very well, thanks to medical advancements that are coming faster than at any time in our history. Our anti-suicide laws protected me and gave me a chance for a long and happy life, just as they were intended to do.

John Coppard
Victoria