Medical Assisted Suicide: Analysis of Canadian Law and Practice

This report provides an analysis of medical assisted suicide, focusing on the legal framework in Canada. It begins by referencing the Supreme Court of Canada's ruling in Carter v. Canada, which led to changes in the Criminal Code to allow for medical assistance in dying. The report differentiates between euthanasia and assisted suicide, clarifying that the latter involves a medical practitioner providing assistance that leads to a patient's death. It then examines the specific sections of the Criminal Code, particularly Section 241, which addresses the illegality of assisting suicide, and Section 26, which outlines the conditions a patient must meet to be eligible for medical assistance in dying. These conditions include being a resident of Quebec, being of age, being near death, and suffering from incurable and continuous physical or mental pain. The report further explores the procedures outlined in Section 29, emphasizing the importance of ensuring the patient's informed consent, discussing the request with the medical team, and providing information on therapeutic and prognosis options. Additionally, it addresses the role of medical institutions and the establishment of a commission to oversee medical assisted suicide practices, as detailed in various sections of the act. The report concludes by referencing relevant legislation and legal cases, providing a comprehensive overview of the current legal landscape surrounding medical assisted suicide in Canada.

Running Head: Medical Assisted Suicide
Medical Assisted Suicide
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Medical Assisted Suicide
The Supreme Court of Canada held in Carter v Canada (Carter v Canada, 2015) held
that there is need to change or alter some parts of Criminal Code so that they are supporting
Canadian Charter of Rights and Freedoms. Those sections will be invalidated, which are
preventing medical assistance in dying. After the judgment, the government of Canada passed
the bill that was allowing citizens of Canada to seek permission of medical assistance in
dying. The concept of medically assisted suicide is slightly different from euthanasia. The
proper definition of euthanasia is the “intentional termination of life of a person by other
person so that the former person is free from suffering”. Any relative of the person with his
/her consent does it. Assisted suicide is when the permission is obtained or gives medication
that will result in patient’s death and it is given by medical practitioner. Section 241 of
Criminal Code states that it is a crime when anyone assists in suicide. The language of
Section 241 states says that every person will held responsible for the offence and will held
liable for imprisonment no matter if the person commits suicide or not (Counselling or aiding
suicide, 2019).
To administer the suicide of a patient, Section 26 of the act states that a patient should-
 He/she should have insurance under Health Insurance Act so that it can be conformed
that the patient is the resident of Quebec.
 He/she is a major
 He/she is on the verge of death
 He/she is suffering from a disease which cannot be cured.
 Suffering from continuous and heinous pain in mental and physical form which
cannot be relieved.
Section 29 of the Code states that prior to assist in medical in dying, then he or she
should-
 Make sure that the requirements set for the patient are fulfilled
 There is no pressure on the patient for asking for request to die
 Discuss the request of patient the fellow team members who are working in the
treatment of the patient and from the relatives after the consent of patient.
 Make sure that the patient is informed about therapeutic and prognosis options
 Can ask for suggestion from other doctor who is neutral to both patient and the doctor
seeking suggestion.
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Medical Assisted Suicide
Section 31 gives that if doctor is working in an organisation that does not allow the
medial assisted suicide then the doctor should forward the request of medical suicide to the
head of that institution or organisation so they find other doctor who can handle the case of
medical treatment.
Various other sections of the acts are also which deals with the procedure of medical assisting
suicide. They are-
 Section 38- establishment of commission on assisting suicide
 Section 42- Submission of report in every five year to Minister regarding the working
of end of life care
 Section 47- the notification must be sent to the commission by the doctor who assisted
in medical dying and the commission will review that the person has followed the
procedures.
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Bibliography
Carter v Canada, 5 (Supreme Court of Canada 2015).
Counselling or aiding suicide. (2019, June 4). Retrieved from Justice Laws Website:
https://laws-lois.justice.gc.ca/eng/acts/C-46/section-241.html
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