Carter vs Canada
In the case of Carter against Canada, through the attorney general, regarding the issue of physician-assisted death, the supreme court overturned the 1993 ruling of Rodriguez vs Canada (Murphy,2016). The earlier ruling had upheld a prohibition of anyone from aiding or abetting in committing a suicide. It was an indictable offense. In this ruling, the court had denied this right to assisted death. In the 2015 supreme court ruling, the charter on human rights enshrined in the Canadian constitution was the point of reference (Butler & Tiedemann, 2015) . It provides for the right to life, liberty, and security. A decision, to prohibit an individual from making a decision concerning their medical care when they have an irremediable medical condition would be considered an act of infringing on their human rights. The state prohibition was overturned. This decision gives patients the right to dictate the way they would want to be treated to end the alienable suffering caused by a disease.
The decision by the supreme court has had a great impact on the lives of Canadians undergoing terminal illnesses. This ruling set a platform through which the physician-assisted suicide could be done within the precincts of the law. In this respect, physicians cannot be held liable under the penal code (Steele, 2018). There was an exemption of medical practitioners allowed to participate in euthanasia. The Canadian medical professionals can carry out this procedure without the fear of being made liable for the death if it is done with due regards to the law. This a major milestone in patient care. The role of physicians in terminal illness is ensuring the best quality of life before death. They can properly inform the patients and their families and the interventions that are possible. The option of euthanasia is a viable option and can now be suggested to the patients and the families (Landry, Valiani, Foreman & Patel, 2016) The sole purpose of medicine is to alleviate patient suffering and this as one of the interventions makes the physicians perform their roles effectively
Medical practitioners have had a sigh of relief in dealing with patients with irremediable conditions. The whole process of physicians having to experience an interaction with terminally ill patients has been found to have some impact on their mental health. A high number of practitioners working in palliative care clinics have developed psychological and psychological problems (Welie, Sullivan & Heng, 2016). Depression has been the most common issue and this has an effect on the productivity and quality of services. However, most of these medical professionals do not seek medical attention. this particular issue has also been on the rise in Canada.
To the Canadian population, this has been relieving solution to the high cost of medical care. health care is one of the most expensive services despite it being a basic needs and right. Every citizen has a right to the highest level of attainable health care. This right is not fully enjoyed owing to the high cost of healthcare provision (Grandin, 2015). Patients have been reduced to beggars in the search for healthcare in some conditions that have been termed as irremediable. Before the ruling, most patients would practically spend their entire life in hospitals at the expense of their savings and their families’ contribution. This is devastating especially when disease history cannot be altered to improve their quality of life. There have been cases of patients being put under life support for years even after being declared brain dead. A recovery from such a condition is very rare and this may economically cripple the patient and their caregivers.
Impacts on Canadian
The law has made it possible to make a decision before the situation becomes worse. Initially, the move to authorize euthanasia would be punishable by law. Right now the patient’s family members are not burdened with unnecessary bills to foot. The patients can consent to euthanasia and prevent appropriation of a fund that would otherwise be drained in the medical intervention. This has prevented suffering among the bereaved.
The patient’s quality of life is substantially improved. Excess suffering from illness can be halted. Suffering may be physical or emotional. In terminally ill patients, life is usually a very critical journey. They go through the stages of grief before the can come to a consensus with their condition. These stages need support and at the moment they reach the acceptance stage they are ready to face death. When they reach the stage, it’s more enabling if the option of euthanasia is on the table. They can make plans and arrangements for their loved ones with a clearer mind and certainty that when they are not able to estimate the time they have. This also empowers the patient and makes them feel in control of what happens to their lives. The patient is the center of interest in healthcare, their decision is made a priority. They are made to participate in the provision of care. According to research in palliative care (Trachtenberg & Manns, 2017), one of the methods of preparing patients for death is honoring their request. In the event that a patient requests a certain method of euthanasia, this can be provided to them within the provisions of the law. Death is very depressing to the patient especially in the face of uncertainty. Their quality of life is improved when some of the uncertainties are cleared.
The family members are an essential support structure in the wellbeing of the patient. Their emotional health is critical to the whole process. Family members need psychological support to accept the fate of their loved one. Families had initially been exposed to mental torture as they watched their members fight with some irremediable conditions (Murphy, 2016). It is depressing and devastating. Members have had to go through counseling because of the effects of the suffering. Euthanasia has prevented such circumstances in Canada. Family members don’t have to watch them suffer. This is good for their mental health. It helps them go through a healthy grieving process.
In June 2016 the House of Commons passed the bill well known as Bill C14. This states that there were several exemptions for medical practitioners and nurse practitioners to assist in dying to aid avoidable suffering according to the Rights (2012). The Act includes the parliament of Canada recognizes the autonomy of individuals suffering from terminal illness with unnecessary suffering. The Act recognizes the need to prevent medical errors and abuse of medically assisted dying. The vulnerable who might be unable to make decisions during these moments should be protected. The Canadian parliament respects the jurisdiction of provinces regarding regulation of healthcare workers and insurance. The Act includes the aspect of all who are eligible for euthanasia should weigh the legal adverse consequences it would cause to their families. The government of Canada upholds public administration, universality in regards to medical assistance in dying.
Impact of the case on Canadian law
According to Statutes of Canada (2016) section, 14 was amended to allow the medical and nurse practitioners to practice medical assistance in dying. This refers to the act where a substance is administered to a person to cause death. The eligibility for medical assistance to dying includes a person above eighteen years able to make decisions, have an irremediable medical condition, they are able to give consent, they are not coerced to make the decision rather it is their own free will and they give consent on being informed on available options.
An irremediable condition according to this act refers to a serious incurable illness, the state of the medical condition is irreversible, illness is causing emotional and physical suffering that can’t be relieved and their natural death can be foreseen. The person must meet the above criteria, request the medical assistance in dying in writing, can withdraw and are able to communicate their needs. The nurse and medical practitioners should comply with the standards and failure risk imprisonment of not more than five years. The conviction also applies to anyone who forges documents and destruction of documents regarding medical assistance to die. The patients should be informed of other alternatives regarding their palliative care. When the person who is requesting medical assistance to dying is unable to sign, another person who is above eighteen years and understands the procedure can sign on their behalf (Ponsford, 2017). There can be an independent witness on signing who understands medical assistance to die.
The medical and nurse practitioner should have medical knowledge regarding provincial laws, rules, and regulations. The pharmacist should be informed on the aim of the substance before dispensing the substance. The death certificate should include the medical assistance to dying, the substance used and the medical illness or disability prompting the medical assistance. The bill was signed by the royal assent on the same day after the debate in the house of commons.
Conclusion
The case in which assisted medical dying was legalized in Canada is a steering wheel in the medical practice in Canada (Martinez, 2015). It also challenges other countries regarding this contentious issue. This practice eases the unavoidable suffering regarding terminal illnesses which cause pain that cannot be managed. The family is also granted the chance of financial freedom regarding long hospitalization stays for a relative who’s been diagnosed with a terminal illness. According to Chan and Somerville (2016) the law is restrictive since it addresses illness with poor prognosis without addressing chronic degenerative illness such as multiple sclerosis. However, the bill should be reviewed after five years since assent to address upcoming issues and this is among the issues to be addressed in the future. This bill brings light to families that have been hit by the blow of terminal illness.
References
Butler, M., & Tiedemann, M. (2015). Carter V. Canada: The Supreme Court of Canada’s Decision on Assisted Dying. Library of Parliament= Bibliothèque du Parlement.
Chan, B., & Somerville, M. (2016). Converting The ‘right To Life’To The ‘right To Physician-assisted Suicide And Euthanasia’: An Analysis Of carter V Canada (attorney General), Supreme Court Of Canada. Medical law review, 24(2), 143-175.
Grandin, T. (Ed.). (2015). Improving animal welfare: a practical approach. Cabi.
https://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=8384014
Landry, J. T., Valiani, S., Foreman, T. C., & Patel, R. V. (2016). Development of an ethics education curriculum for critical care trainees in Canada: from knowledge synthesis to bedside application. International Journal of Ethics Education, 1(1), 57-68.
Martinez, F. R. (2015). ASSISTED SUICIDE AS A FUNDAMENTAL RIGHT. COMMENTARY TO THE DECISION OF THE CANADIAN SUPREME COURT IN CARTER V. CANADA (6 FEBRUARY 2015).
Murphy, S. (2016). ‘A Uniquely Canadian Approach’to Freedom of Conscience Experts Recommend Coercion to Ensure Delivery of Euthanasia and Assisted Suicide.
Murphy, S. (2016). Supreme Court of Canada Orders Legalization of Physician Assisted Suicide and Euthanasia Carter v. Canada (Attorney General) 2015 SCC 5.
Ponsford, M. (2017). Chronic, Irremediable Depression Constituting Mental Disability: Expanding Legal Rights to Euthanasia in Canada.
Rights, E. (2012). Canadian charter of rights and freedoms. Toronto: Carswell, 183-229.
Statutes of Canada 2016, chapter 3. Bill C-14 (Royal Assent).
Steele, C. (2018). Carter v. Canada: Nonreligion in the Context of Physician-Assisted Dying (Doctoral dissertation, Université d’Ottawa/University of Ottawa).
Trachtenberg, A. J., & Manns, B. (2017). Cost analysis of medical assistance in dying in Canada. Canadian Medical Association Journal, 189(3), E101-E105.
Welie, J. V., Sullivan, W. F., & Heng, J. (2016). The Value of Palliative Care: IACB Guidelines for Health Care Facilities and Individual Providers Facing Permissive Laws on Physician Assistance in Suicide and Euthanasia. The National Catholic Bioethics Quarterly, 16(4), 657-662.
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