Canada's Bill C-407: Euthanasia and Assisted Suicide

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The following was circulated by email by Alex Schadenberg, Executive Director, Euthanasia Prevention Coalition

This is an explanation of Bill C-407
Bill C-407 A Bill to Legalize Euthanasia and Assisted Suicide

Bill C-407: an Act to amend the Criminal Code (right to die with dignity)

On June 15, 2005; Francine Lalonde, Bloc Québécois member from La Pointe-de-l’Île introduced Bill C-407: An Act to amend the Criminal Code (right to die with dignity).

The summary for Bill C-407 states:

This enactment amends the Criminal Code to allow any person, under certain conditions, to aid a person close to death or suffering from a debilitating illness to die with dignity if the person has expressed the free and informed wish to die.

Bill C-407 acts by amending sections 222 and 241 of the criminal code. Section 222 of the criminal code concerns homicide. The prohibition to euthanasia in Canada is found in Section 222. The prohibition to assisted suicide in Canada is found in section 241.

Bill C-407 leaves the current wording in the criminal code unchanged but then adds a new subsection 7 to section 222 on homicide and a new subsection 2 to section 241 of the criminal code. These new subsections to sections 222 and 241 state that the criminal code is not in effect under the circumstances, as defined in the bill.

Therefore Bill C-407 legalizes both euthanasia and assisted suicide.

continued…
 
Summary:

Bill C-407 is not about allowing a “death with dignity”. This bill legalizes euthanasia and assisted suicide for people suffering chronic physical and mental pain.

Bill C-407 does not require that a person at least try effective treatments for their chronic physical or mental pain. It states that a person qualifies for euthanasia even if they have refused to try effect treatments.

Bill C-407 is not about allowing “death with dignity” for competent people. This bill legalizes euthanasia and assisted suicide for people who “appear to be lucid”. What does that mean?

Bill C-407 is not about “physician aid-in-dying”. This bill allows anyone to euthanize or assist the suicide of anyone, so long as they are “assisted by a medical practitioner”, acts in the manner indicated by the person who wishes to die.

Bill C-407 allows a person to kill another person, if that person asks to die. Once society allows one person to kill another it becomes impossible to protect persons who are otherwise viewed as a burden on society.

continued…
 
How does Bill C-407 amend Section 222 of the criminal code to legalize euthanasia?

Bill C-407 adds a new subsection (7) to section 222 which would state:

(7) Despite anything in this section, a person does not commit homicide within the meaning of this Act by reason only that the person aids another person to die with dignity, if

(a) the latter

(i) is at least eighteen years of age,

*This is the only effective safe-guard in the bill. Only someone reaching the age of 18 can be euthanized.

(ii) either

(A) continues, after trying the appropriate treatments available or refusing the treatments that have not been tried, to experience severe physical or mental pain without any prospect of relief, or

(B) suffers from a terminal illness,
  • *The person requesting euthanasia does not need to be terminally ill. This bill is not about euthanasia for suffering terminally ill people. This bill will allow euthanasia for anyone experiencing a chronic physical or mental pain condition. Chronic pain, whether physical or mental, can be considered to have no prospect of relief. In other words pain can usually be controlled and always be mitigated but long term chronic pain will often never be cured. Since chronic pain is a long-term health problem therefore it can be said to be without any prospect of relief. *
** The question of mental pain is very concerning because mental pain is always able to be treated.*

** The person requesting euthanasia does not need to attempt to control their suffering by use of appropriate treatments. The bill allow someone to be euthanised even after refusing to try appropriate treatment.*

(iii) has, while appearing to be lucid, made to a medical practitioner, or to the person who aids the person to die, two requests more than ten days apart expressly stating the person’s free and informed wish to die, and
  • “While appearing to be lucid” - What does this mean. “Appearing to be lucid” does not provide even the basic safeguard of ensuring competency. The request for euthanasia needing to be at least ten days apart is not a safeguard for chronic physical or mental pain sufferers. When someone who experiences chronic pain has a bad day, they may feel like euthanasia is a reasonable response to their condition, if they request euthanasia on a bad day and then experience another bad day two weeks later, the second request will fulfill the legal requirement of the bill. What is really necessary is that all Canadians be provided proper pain management and a system be in place to help people on during a bad day.
(iv) has, while appearing to be lucid, designated in writing, before two witnesses with no personal interest in the death of the person, another person to act in his or her name with respect to the person who aids him or her to die, and with respect to any medical practitioner, while the person does not appear to be lucid; and

continued…
 
Canada didn’t kick the ‘Culture of Death’ door open, they blew it off it’s hinges!

Ani, did you hear CA Live on Friday? The guest was a Doctor from McGill University.
A Very Good program!
 
  • The second part of this section is very concerning. It states: with respect to any medical practitioner, while the person does not appear to be lucid. This means that a medical practitioner may euthanize a person while he/she is not lucid.
(b) the person who aids the other person to die

(i) is a medical practitioner or is assisted by a medical practitioner,
  • What does it mean to be “assisted by a medical practitioner?” Does that mean a person could be euthanized by their spouse with the assistance of a medical practitioner? What amount of assistance is necessary to give that person the right to kill another person?
(ii) has received confirmation of the diagnosis from two medical practitioners — or, if the person who aids the other person to die is a medical practitioner, from one medical practitioner — with no personal interest in the death of the person,
  • In the Netherlands and Oregon, “Right to Die” organizations provide a list of physicians who are willing to refer a person for euthanasia or assisted suicide. If a physician believes that a person does not qualify for euthanasia or assisted suicide, another physician is found to provide the referral.
(iii) is a member of or is assisted by a team of persons entitled under the laws of a province to provide health services,

(iv) acts in the manner indicated by the person who wishes to die, and
  • It is never ethical for a person to kill another person, even if that person asks to die. Once society allows one person to kill another it becomes impossible to protect persons who are otherwise viewed as a burden on society and others.
(v) provides the coroner with a copy of the confirmation referred to in subparagraph (ii).

(8) For the purpose of this section, “medical practitioner” means a person who is entitled to practise medicine by the laws of a province.
  • *“Medical practitioner” in this bill is not restricted to a physician. Physicians are not the only professionals who are entitled to practise medicine in Canada. *
Therefore Bill C-407 amends section 222 of the criminal code by exempting acts of euthanasia from prosecution. This is done without providing any effective safeguards for people with disabilities and other vulnerable Canadians.

continued…
 
How does Bill C-407 amend Section 241 of the criminal code to legalize assisted suicide?

Section 241 of the Criminal Code is renumbered as subsection 241(1) and is amended by adding the following:
  • This means that Bill C-407 legalizes assisted suicide in the same way as it legalizes euthanasia. It changes the criminal code by adding a new subsection to the act.
(2) A person is not guilty of an offence under this Act by reason only that the person aids another person to commit suicide with dignity, if

(a) the person who commits suicide meets the conditions set out in paragraph 222(7)(a); and
  • Please refer back to the commentary on section 222(7)(a). All the commentary is the same for concerns about assisted suicide.
(b) the person who aids the other person to commit suicide meets the conditions set out in paragraph 227(7)(b).
  • Please refer back to the commentary on section 222(7)(b). All the commentary is the same for concerns about assisted suicide.
(8) For the purpose of this section, “medical practitioner” means a person who is entitled to practise medicine by the laws of a province.

Therefore Bill C-407 legalizes assisted suicide in the identical manner to which it legalizes euthanasia.

continued…
 
Conclusion:

Bill C-407:
  • Needs to be delayed in parliament and defeated at second reading. Every member of parliament should be willing to speak to this bill. There is nothing good or redeeming about Bill C-407.
  • It is not about allowing a “death with dignity”. This bill legalizes euthanasia and assisted suicide for people suffering chronic physical and mental pain. Chronic physical and mental pain can be treated.
  • It does not require that a person at least try effective treatments for their chronic physical or mental pain. It states that a person qualifies for euthanasia even if they have refused to try effect treatments.
  • It is not about allowing “death with dignity” for competent people. This bill legalizes euthanasia and assisted suicide for people who “appear to be lucid”. What does it mean to appear to be lucid?
  • It is not about “physician aid-in-dying”. This bill allows anyone to euthanize or assist the suicide of anyone, so long as they are “assisted by a medical practitioner”, acts in the manner indicated by the person who wishes to die.
  • It does not even provide the typical “safeguards” that we have seen in other euthanasia or assisted suicide proposals in other jurisdictions.
Bill C-407 allows a person to kill another person. Once society allows one person to kill another it becomes impossible to protect persons who are otherwise viewed as a “burden” on society. This bill is an attack on people with disabilities and other vulnerable Canadians. People who are already devalued by many members of society. People who need to be protected.

Alex Schadenberg

Executive Director, Euthanasia Prevention Coalition

1-877-439-3348
 
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Edwin1961:
Ani, did you hear CA Live on Friday? The guest was a Doctor from McGill University. Very Good program!
Click to expand...
No. I must get a schedule for CA Radio. I hear it is very good. CA rocks! Luvit.
 
**Assisted Suicide Bill Denounced

**By Mary-Jane Egan, London Free Press Reporter, July 5, 2005

canoe.ca/NewsStand/LondonFreePress/News/2005/07/05/1117346-sun.html
Canadians should be vigilant in battling a bill that would legalize assisted suicide in this country, a meeting of the London City Kiwanis heard yesterday.

“Make no mistake that this bill introduces the slippery slope we’ve seen in the Netherlands where people who don’t want to be euthanized are,” warned Jean Echlin, a longtime palliative care nurse and vice-president of the national Euthanasia Prevention Coalition.

“Canadians have to wake up because it’s coming.”

Echlin said Bill C-407 — a private member’s bill tabled late last month by Bloc Québécois MP Francine Lalonde — should be met by a strong lobby effort to stop it.

The bill would amend the Criminal Code to make it legal to help a person die.

To illustrate her concern, Echlin asked for a show of hands from any Kiwanians who had heard of the bill.

Not a hand was raised in her audience of about 30.

“I worry they’re going to rush this through without consultation with all Canadians,” said Echlin.

"Of course, when a person’s in pain that isn’t properly managed, they’re going to ask for euthanasia.

“But people need to understand they have the right to good palliative care and good pain management.”

Echlin, a palliative care pioneer, called it “unconscionable” the bill has been introduced now — “just as palliative care is coming into its own.”

She noted Ontario medical schools such as the University of Western Ontario’s Schulich School of Medicine have just introduced a one-year fellowship training program in palliative care that will ultimately go nationwide.

The program will help abolish the myth, Echlin said, that offering sufficient pain control through narcotics such as morphine could lead to addiction.

“There is absolutely no excuse in 2005 for a person to face the end of life with pain when so much can be done now to relieve that pain,” Echlin said.

She said the bill has the potential to lead to out-and-out murder of the poor, powerless and vulnerable.

Under Lalonde’s bill, the patient must “appear to be lucid” and make two requests more than 10 days apart stating their “free and informed will to die.”

The person who aids the patient must be a medical practitioner or be assisted by a medical practitioner.

Echlin said the bill is rife with flaws: “Must appear to be lucid — what does that mean?”

She said the Netherlands, where some elderly wear armbands asking not to be euthanized if rolled into emergency, should serve as a warning to Canadians.

Echlin, whose coalition has appealed to federal Justice Minister Irwin Cotler to oppose the bill, urged the group to lobby their MP’s to do the same.

You as a group of Kiwanians, have tremendous power to lobby," she said.
 
Looks like Canada is becomming the Netherlands of the Western Hemisphere. Lock down the borders.

PF
 
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