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- Title
Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations.
- Authors
KONDER, RICARDA M.; CHRISTIE, TIMOTHY
- Abstract
Canadian medical assistance in dying (MAiD) legislation was introduced in 2016. Although Bill C-14 attempted to balance patient autonomy and the protection of the vulnerable, recent court challenges suggest that an ideal balance has not been achieved. Numerous advocacy initiatives as well as a parliamentary review currently focus on three specific populations: mature minors, patients requesting MAiD via an advance directive and patients with a mental illness as the sole underlying condition. This article approaches these issues from an ethical and legal lens. We first outline a policy review on existing MAiD legislation in 11 jurisdictions. We then use the Oakes test (a critical assessment tool in the Carter v Canada case) to determine whether the restrictions on the three above-mentioned groups are consistent with the Canadian Charter of Rights and Freedoms. Finally, we consult our literature review to propose reasonable solutions that would be more consistent with the Charter.
- Subjects
BELGIUM; NETHERLANDS; CANADA; PUBLIC welfare laws; ADVANCE directives (Medical care) -- Law &; legislation; ASSISTED suicide; CAPACITY (Law); COURTS; DEATH; EUTHANASIA; MENTAL illness; RESEARCH funding; TERMINAL care; PATIENTS' rights; AT-risk people; DESCRIPTIVE statistics
- Publication
Healthcare Policy, 2019, Vol 15, Issue 2, p28
- ISSN
1715-6572
- Publication type
Article