Canada’s law against doctor-assisted suicide has been declared ‘invalid’ by a BC Supreme Court judge, but existing legislation can not be struck down for at least one year.
Justice Lynn Smith has delivered a 395-page report declaring the legislation’s ‘absolute prohibition’ as unconstitutional.
She says current law discriminates against people like Gloria Taylor of West Kelowna because the 64-year old with A-L-Ss may choose to end her life sooner, so she doesn’t have to wait until she’s no longer physically capable of committing suicide.
Smith also found the legislation violates the rights of those who risk going to prison if they help a loved one access doctor-assisted suicide.
The judge says, although palliative care continues to improve, the best can not ‘alleviate all suffering, except possibly through sedation to the point of persistent unconsciousness.’
While acknowledging some end-of-life practices are ‘ethically acceptable,’ doctors have differing opinions on what safeguards can adequately protect the vulnerable.
She notes the Canadian Medical Association and –based on public opinion– most Canadians do not support physician-assisted suicide, but concerns about patients not being able to make informed decisions or sufferng undue influence can be avoided through ‘carefully-designed’ and well-monitored safeguards.
She has given parliament a year to ‘take whatever steps’ needed to correct what she’s calling ‘overbroad’ legislation.
She’s also given Taylor permission to seek physican-assisted suicide under specified conditions.
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