South Africa: Dore Expert Witness Affidavit

Below, an excerpt from the expert witness affidavit of Attorney Margaret K. Dore, filed in the Supreme Court of Appeal of South Africa, SCA Case No: 531/2015. 

The affidavit, including attachments, can be viewed by clicking here.

The Oregon and Washington Acts

12.  The Oregon and Washington "Death with Dignity Acts" legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. See memo, pp. 2-3 (regarding definitions)  at "MD."

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. 

Media Advisory: Lawyer Margaret Dore will speak in opposition to euthanasia bill at the Canadian Parliamentary Press Gallery

Ottawa, ON - (May 19, 2016) - Lawyer Margaret Dore will take part in a press conference in opposition to Bill C-14, which seeks to codify assisted suicide and euthanasia throughout Canada.

Who:

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.

When:

Friday, May 20, 2016, at 10:30 am

Where:

Charles Lynch Press Conference Room
Canadian Parliamentary Press Gallery
Ottawa, Ontario Canada
______________________________

Contact information
Margaret Dore

(613) 899-0366

margaretdore@margaretdore.com

Canada: Andrew Coyne: Who says the Supreme Court won’t change its mind on doctor-assisted suicide — yet again?

http://news.nationalpost.com/full-comment/andrew-coyne-who-says-the-supreme-court-wont-change-its-mind-on-doctor-assisted-suicide-yet-again

If the court could reverse its decision before, it may again

Suppose Bill C-14, legalizing euthanasia and assisted suicide, were to pass its expected vote in the House of Commons this week. What then?

Assuming it then passed in the Senate — perhaps a dangerous assumption — Canada would become one of the very few countries on Earth to make it lawful (that is by legislation) to kill someone with their consent. For now, eligibility to receive this service is restricted to mentally competent adults whose condition is “grievous and irremediable,” whose suffering, physical or mental, is “intolerable to them,” whose request is “voluntary,” and so on. For now.

Canada: Senate Report Recommendations Will Not Solve the Bill's Problems

https://choiceisanillusion.files.wordpress.com/2016/05/media-release-bil-c-14-regarding-repor.pdf

FOR IMMEDIATE RELEASE

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

Proposed recommendations by the Senate Legal & Constitutional Affairs Committee will not solve the bill’s problems.  The bill will encourage people with years, even decades, to live to throw away their lives.  The bill will remain seriously flawed and contrary to the Canadian Supreme Court case, Carter v. Canada, which envisioned a “carefully designed and monitored system of safeguards.”  The bill must be rejected.

Contact: Margaret Dore:   (613) 899-0366
margaretdore@margaretdore.com

Ottawa - 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:

“The recommendations made by the Senate Committee’s thoughtful report will not solve the bill’s problems,” said Dore. “Consider, for example, the recommendation to define ‘eligibility’ as a ‘serious and incurable terminal illness, disease or disability [for a person who has] been determined to be at the end of life.’  In Oregon, which has a similar terminal criteria, chronic conditions such as insulin dependent diabetes qualify.

Dore explained, "Chronic conditions qualify because, in practice, the eligibility determination is made without treatment. According to Oregon doctor, William Toffler, MD, the typical insulin dependent 18 year old with treatment will have decades to live, but without treatment will live less than a month. The Committee’s recommendation, if adopted and interpreted according to Oregon’s precedent, will encourage people with years, even decades to live, to throw away their lives.”

“The recommendations also raise a valid concern that there is nothing to ensure patient consent  when the lethal is administered,” said Dore. “Indeed, there is a complete lack of oversight at the death. In the case of assisted suicide, no witness, not even a doctor is required to be present.”

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.”

Military Veteran Groups Threatened by Assisted Suicide Study Bill in NH; Bill Defeated 174 to 123!

From True Dignity Vermont
http://www.truedignity.org/military-veteran-groups-threatened-by-assisted-suicide-study-proposals-in-nh/

To hear Representative Baldasaro's speech, click here

Rep Al Baldasaro

Rep. Al Baldasaro of the New Hampshire Legislature on May 11 gave an impassioned speech against a proposed “study committee” to look at “end of life choices.” Speaking on behalf of Veterans’ PTSD/TBI Commission, he cited the fact that New Hampshire is facing an epidemic of suicides among Veterans, and said, “What message are you sending to the community out there and all the good work every one of us has done to protect people from killing themselves? Now we want to make it easy?”

He said that opening the door to such a practice would have grave consequences for veterans at risk for suicide, and that even studying such a bill would threaten efforts to help veterans.   He clearly states that euphemisms such as “aid in dying” don’t change the fact that such laws promote suicide and threaten efforts to protect people from killing themselves.

***

On May 11, 2016, the New Hampshire House of Representatives defeated the bill, 174 to 123.

New Power of Attorney Act Expressly Excludes "Death with Dignity"

Washington State's new uniform power of attorney act specifically says that “no rights under Washington’s death with dignity act, chapter 70.245 RCW may be exercised through a power of attorney.”  Session Law 5635, Section 219.

Two Doctors Convicted of Falsely Certifying Patients as Terminally Ill as Part of $8.8 Million Healthcare Fraud Scheme

https://www.justice.gov/usao-cdca/pr/two-doctors-convicted-falsely-certifying-patients-terminally-ill-part-88-million

FOR IMMEDIATE RELEASE

U.S. Attorney Eileen M. Decker

Thursday, May 5, 2016

LOS ANGELES – Two doctors were found guilty today of federal health care fraud charges for falsely certifying that Medicare patients were terminally ill, and therefore qualified for hospice care, when the vast majority of them were not actually dying.

Following a two-week trial, the doctors were found guilty of participating in a scheme related to the Covina-based California Hospice Care (CHC). Between March 2009 and June 2013, CHC submitted approximately $8.8 million in fraudulent bills to Medicare and Medi-Cal for hospice-related services, and the public health programs paid nearly $7.4 million to CHC.

The two doctors convicted today by a federal jury are:

• Sri Wijegoonaratna, known as Dr. J., 61, of Anaheim, who was found guilty of seven counts of health care fraud; and
• Boyao Huang, 43, of Pasadena, who was found guilty of four counts of health care fraud.

Robert Falcon Ouellette Parliament Speech

http://www.nationalrighttolifenews.org/news/2016/05/robert-falcon-ouellette-suicide-assisted-suicide-speech-in-parliament/#.Vy1XCSghzzJ

Editor's Note Mr. Ouellette, a 38-year-old Cree, references Attawapiskat. Last month the Canadian parliament held an emergency debate on Aboriginal suicides after 11 people, nine of them minors, attempted suicide in one weekend in Attawapiskat, a remote community of 2,000 in northern Ontario.

The following is excerpted from the speech delivered by Robert Falcon Ouellette MP (Winnipeg Centre Liberal) on Monday May 2.

Robert Falcon Ouellette MP

"[Bill C-14] is taking us down a path that is very 

dangerous, and we do not know where it ends."

Madam Speaker, a report in The Globe and Mail on April 24, 2016, says 13-year-old Sheridan Hookimaw killed herself on the banks of the river that winds through Attawapiskat. The sickly girl had been flown out for weekly medical appointments. She wanted to end her pain, and in the process, she set off a chain reaction not only in her community but in communities right across this country, which we are still dealing with today.

Canadian parliamentary debate: Without amendment, Bill C-14 "will protect no one."

Garnett Genuis, MP

Mr. Garnett Genuis (Sherwood Park ­Fort Saskatchewan, CPC) . . .

I want to be clear that I do not believe in an all-or-nothing approach. Many of my colleagues and I who have broad philosophical concerns about what is happening here are still willing to vote in favour of legislation that does not re-criminalize euthanasia, if it advances positively in the direction of saving some lives, especially minimizing the risk to vulnerable persons. However, this legislation does not contain meaningful safeguards. Without amendment, it will protect no one.

We know that this law has written exceptions. However, it has exceptions to the exceptions; and may I say it has exceptions to the exceptions that are not at all exceptional?

This legislation has a requirement for the provision of written consent. However, if people cannot provide written consent, someone else can do it on their behalf.

This legislation prescribes a waiting period. However, the waiting period does not apply in the event of possible imminent death or loss of capacity.

There is so much ambiguity here.

Canada: Liberal MP Robert-Falcon Ouellette is Voting "NO"

Robert-Falcon Ouellette, MP

http://aptn.ca/news/2016/04/20/indigenous-liberal-mp-ouellette-voting-against-governments-assisted-dying-bill/

Liberal MP Robert-Falcon Ouellette says he plans to vote against his party’s proposed bill to legalize medically assisted dying [assisted suicide and euthanasia].

Ouellette said the federal government should work around the deadline and delay legalizing assisted death for at least five to 10 years until it’s absolutely clear what sort of impact it would have in all corners of Canadian society.

Why on Earth is Anyone Surprised By the Rise in US Suicides? Advertising Works.

"Though the economy may well have contributed to this rise,
True Dignity calls everyone’s attention to a fact that is being ignored. 1998 was the year in which Oregon became the first state in the nation  to put legalized assisted suicide into practice."

From True Dignity Vermont:

News sources are reporting with surprise and seeming alarm on the Center for Disease Control's newly released statistics showing that deaths by suicide in the entire US are on the rise.  Why the surprise?  It has been common knowledge since the rise of mass media, and even before, that advertising works.

True Dignity has neither the expertise nor the time to analyze the CDC report’s statistics  in detail.   A few quotes will suffice to paint the picture of our current situation.

“The suicide rate in the United States increased by 24% from 1999 through 2014…among all groups.  The increase in suicide rate has been steady since 1999, before which there was a consistent decline since 1986…”  (USA Today, April 22, 2016, http://www.usatoday.com/story/news/2016/04/22/suicide-rate-rise-us/83284568/).

Canadian Government Position on Suicide "Absurd"

http://lethbridgeherald.com/commentary/letters-to-the-editor/2016/04/21/is-suicidea-right-ora-tragedy/

Suicide: a right or a tragedy? 

The Emperor has no clothes.

The answer to this question might seem obvious, but the government of Canada apparently thinks that "both" is an appropriate answer. In one week, the same MPs in the same House of Commons discussed recently introduced legislation concerning assisted dying, while also holding an emergency debate on the rash of suicides and suicide attempts in remote aboriginal communities. This is absurd.

On the one hand, we are justifiably concerned and dismayed over the alarming suicide rates in aboriginal communities. And why shouldn't we be? It is tragic that so many people, especially youth, wish to end their lives, deciding that life is meaningless and not worth living.

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!"

A Letter From Western Australia to Canadian MP Robert-Falcon Ouellette

I was pleased to see you questioning the impact of legalizing assisted suicide and euthanasia on

Canada's Indigenous people.

As Canada considers legislation to change the law on murder and assisted suicide to allow certain people to be killed with legal immunity it may be helpful to consider the fate of the world's first modern euthanasia law.

In 1996 the Australian Parliament overturned the Northern Territory's euthanasia law. This followed an extensive Senate committee inquiry in which one of the key issues canvassed was the deep opposition to the idea that a doctor could give a lethal injection from the indigenous community and its leaders. Chapter 5 of the committee's report detailed concerns that indigenous health, already seriously below par with that of other Australians, would be further set back as indigenous people were afraid and unwilling to go to a hospital where one of the "treatments" on offer was a lethal jab.

"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, Liberal MP Not Sure About Proposed Assisted Suicide/Euthanasia bill

http://www.cbc.ca/news/canada/manitoba/robert-falcon-ouellette-doctor-assisted-dying-indigenous-communities-canada-1.3537217

Robert-Falcon
Ouellette, MP

For Winnipeg Centre Liberal member of Parliament Robert-Falcon Ouellette, the ramifications of the Trudeau government's doctor-assisted dying bill are too final.

"Once we make a decision on this, there will be no going back," Ouellette said on Friday.

On Thursday, new legislation on doctor-assisted death [assisted suicide and euthanasia] was formally presented in Parliament.  . . .

The bill is expected to go before the House of Commons for a free vote, which means MPs can base their vote on their conscience, not their party.. . .

"I'm concerned that we haven't thought out the complete ramifications that a decision like this might have on indigenous communities that seem to be suffering greatly," he said. . . .

Ouellette said he has not reached a decision about how he will vote on [the bill] in the House of Commons.

Margaret Dore Speaking to Australian Delegation

Margaret Dore, Esq., MBA, speaking
 to the Delegation

On April 7, 2016, Margaret Dore, attorney and president of Choice is an Illusion, accompanied by her assistant, Brenda Ray, met with a five member delegation from the Legal and Social Issues Committee, Parliament of Victoria, Australia.

The topic was assisted suicide and euthanasia. The place was the Picnic House Restaurant in Portland Oregon where Dore spoke over lunch in opposition to legalization. Despite the serious nature of the topic, a good time was had by all.

Dore's written materials can be viewed by clicking here and here.

Crime Blog: Hospice owner urged nurses to overdose patients so they would die quicker, FBI says

http://crimeblog.dallasnews.com/2016/03/frisco-hospice-owner-urged-nurses-to-overdose-patients-to-speed-their-deaths-fbi-says.html/

Jamie Knodel Email jknodel@dallasnews.com
Published: March 29, 2016 10:29 pm

BY SCOTT GORDON, KXAS-TV (NBC5)

The owner of a Frisco medical company regularly directed nurses to overdose hospice patients with drugs such as morphine to speed up their deaths and maximize profits and sent text messages like, “You need to make this patient go bye-bye,” an FBI agent wrote in an affidavit for a search warrant obtained by NBC 5.

The executive, Brad Harris, founded the company, Novus Health Care Services Inc., in July 2012, according to state records.

Novus’ office is on Dallas Parkway in Frisco.

No charges have been filed against Novus or Harris. Harris, 34, did not return messages left with a receptionist and at his Frisco home.

Harris, an accountant, told a nurse to overdose three patients and directed another employee to increase a patient’s medication to four times the maximum allowed, the FBI said.

In the first case, the employee refused to follow the alleged instructions, the agent wrote in the affidavit. The document does not say whether the other three patients were actually harmed.

Harris also told other health care executives over a lunch meeting that he wanted to “find patients who would die within 24 hours,” and made comments like, “if this f— would just die,” an FBI agent wrote in the warrant.

An FBI spokeswoman declined to comment on the investigation.

Novus’ website says the company offers hospice and home health care services.

“We have a saying at Novus, be fast and treat people the way we would want to be treated,” the website says. “This encourages us to go the extra mile to make patients feel comfortable and secure about their special needs and requests.”

New Hampshire: No on Assisted Suicide/Euthanasia Commission (SB 426)

Members of the House:

I am a lawyer in Washington State where assisted suicide is legal.  I urge you to oppose SB 426, which establishes a commission to study "end-of-life choices," a euphemism for assisted suicide and euthanasia for people who are not necessarily dying anytime soon.  Bills legalizing these practices, in the fine print, do not assure choice; they are uniformly stacked against the patient.  "Eligible" patients may have years, even decades, to live. (not end of life).

Specific Objections to SB 426:

1.  The New Hampshire House has already extensively studied assisted suicide/euthanasia, and rejected it. 

2.  Given the bill's deceptive language, the proposed commission will promote assisted suicide and euthanasia without being clear as to what's being discussed, and for whom it's being discussed (non-dying people).  The deceptiveness alone is bad public policy.

Rhode Island, Providence Journal Article

http://www.providencejournal.com/news/20160323/both-sides-bring-painful-stories-to-end-of-life-debate

"This bill encourages people to throw away their lives"

By Jennifer Bogdan, Journal State House Bureau

PROVIDENCE, R.I. — Susanna Brown couldn't make it to the State House Wednesday night to testify against a bill that could allow her to end her own life. 

The 75-year-old North Scituate resident has breast cancer that has spread to her bones, and she's struggling with her latest chemotherapy treatment. So she sent her daughter, Julie Lamin, to tell lawmakers this:

"She insisted that I come and speak on her behalf because this bill insults the dignity of her life," Lamin said. "She wanted to tell you that her life is valuable until that last breath and that this bill really scares her ... because someone could say, 'Well you're going to be suffering, and we don't want you to suffer. You can end it early.'"

Rhode Island: Press Release

https://choiceisanillusion.files.wordpress.com/2016/03/press-release-03-22-161.pdf

Dore:   “The bill is sold as assuring patient choice and control.  The bill is instead stacked against the patient and a recipe for elder abuse.” 

Contact: Margaret Dore

(206) 697-1217

Providence, RI – Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide/euthanasia legalization efforts in many states and now Rhode Island, made the following statement in connection with tomorrow's legislative hearing on a bill seeking to legalize assisted suicide and euthanasia in that state.  (H 7659, hearing Wednesday, 3/23/16, Rise of the House).

"There is a bill pending before the Rhode Island House of Representatives, which seeks to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore.  "The bill describes these practices as 'hastening death,' but there is no requirement that a person be near death.  Indeed, ‘eligible’ persons may have years, even decades, to live.”

Dore said, "The bill is sold as assuring patient choice and control.  The bill is instead stacked against the patient and a recipe for elder abuse.”  Dore elaborated, “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.  After that, no doctor, not even a witness, is required to be present at the death.  Even if the patient struggled, who would know?”  Dore concluded, “The bill creates the perfect crime.”