New York Memo Opposing Bills A. 10059 and S. 7579 - Web Version

https://choiceisanillusion.files.wordpress.com/2016/06/ny-memo-05-31-16_001.pdf

I. INTRODUCTION

I am a lawyer in Washington State where physician-assisted suicide and euthanasia are legal.[1] Our law is based on a similar law in Oregon.  Both laws are similar to the proposed bills, A. 10059 and S. 7579.[2]

The bills are titled “Medical Aid in Dying.”  There is, however, no requirement that patients be dying. “Eligible” patients may have years, even decades, to live. The bills are also sold as a promotion of patient choice and control. The bills are instead stacked against the patient and a recipe for elder abuse. Finally, the bills are deceptively written; they are not what they appear to be. I urge you to vote “No.”

World Wide Theater Protest: Not Dead Yet

The sign in the photo is accurate. 

Assisted suicide and euthanasia are sold as giving choice and control to dying people.

There is, however, no requirement in any of the US/Canadian bills that people be "dying." "Eligible" persons can have years, even decades, to live.

The bills, as written, are also stacked against the patient and a recipe for elder abuse.

With the movie, "Me Before You, " we are now seeing a push for people with physical disabilities to kill themselves/be killed - even if, like the guy in the movie, they are drop dead handsome, rich and surrounded by people who love them.

Lawsuit Filed to Stop California Assisted Suicide Law!

The Life Legal Defense Foundation filed a lawsuit today challenging California's assisted suicide law.

The civil rights lawsuit alleges Equal Protection violations of individuals labeled terminally ill and was filed by five doctor and by the American Academy of Medical Ethics (AAME),

 

The Act decriminalizes physician-assisted suicide and instantly removes criminal law, elder abuse, and mental-health legal protections from any individual labeled terminally ill.  By contrast, non-labeled Californians have legal protection that makes it a felony to aid, advise, or encourage another to commit suicide.

Worldwide Theater Protest: "Hollywood Lies: I Prefer My Girlfriend Alive"

Wilfredo Rodriguez-Lopez

The New York based Center for Disability Rights has created a public service announcement in response to the disability snuff film, "Me Before You."

The PSA, which has already garnered over 150,000 views on Facebook, was developed by the Center for Disability Rights with filmmaker Clark Matthews. The PSA highlights that disabled lives are worth living, and that assisted suicide is harmful to the disability community

Worldwide Theater Protest: Wheelchair Athlete Ella Frech on "Me Before You"

Ella Frech

Eleven year old Ella Frech had a few things to say about "Me Before You"

Me Before You comes out tomorrow. I’ve never read the book, but my mom told me about it and I read the reviews online. It’s the story of a guy who gets in an accident, and has a spinal cord injury, and has to spend the rest of his life in a wheelchair. A guy you think should want to die because he has to live a life that looks like mine.

Well, what’s wrong with a life that looks like mine?

New York Press Release: "Bills Will Allow the 'Perfect Crime'"

https://choiceisanillusion.files.wordpress.com/2016/06/new-york-media-release-06-03-16.pdf

FRIDAY  JUNE 2, 2016

FOR IMMEDIATE RELEASE

Dore:  "New York's new assisted suicide bills, if enacted, will allow the perfect crime. They will encourage people with years to live to throw away their lives."

Contact: Margaret Dore (206) 697-1217

Albany, NY -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states, including New York, made the following statement in connection with bills pending before the New York State Legislature:

“There are new bills seeking to legalize ‘medical aid in dying,’ which is a euphemism for assisted suicide,” said Dore. (A. 10059 and S. 7579)

“A central problem with the bills is that a person assisting a suicide can have his or her own agenda,” Dore said. “For example, if the person will financially benefit from the patient’s death due to an inheritance, he or she will have a motivation to be sure that the death goes through. This may or may not be consistent with the patient’s choice.”

New York: Vote “No” on A. 10059 and S. 7579

New York's assisted suicide bills are deceptively written, stacked against the patient and a recipe for elder abuse. For a one page handout, click here. For more in depth information, click here 

Bill Highlights

1.  A. 10059 and S. 7579 seek to legalize “medical aid in dying,” a euphemism for assisted suicide and euthanasia. There is no requirement that eligible patients be dying.

2.  Patients are instead required to have a prediction of less than six months to live. In real life, such predictions are often wrong.

3.  Predictions are wrong due to misdiagnosis and because predicting life expectancy is an inexact science. See e.g.,  Jessica Firger, “12 million Americans misdiagnosed each year,” CBS NEWS, 4/17/14, at http://www.cbsnews.com/news/12-million-americans-misdiagnosed-each-year-study-says

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.