Medical aid in dying needs to be
expanded court ruled
Medical assistance in dying will now be available to people whose death is not predictable in the short term,
has just decided a judge of the Superior Court of Quebec.
"The reasonably foreseeable natural death requirement deprives people such as claimants of autonomy and choice to end their lives at the time and in the desired manner, which must remain a personal fundamental fact, "reads Judge Christine Baudouin's ruling on Wednesday.
The case was led by Nicole Gladu and Jean Truchon, two citizens with serious health problems who were not
eligible to apply for medical assistance in dying.
Mrs. Gladu, a septuagenarian, suffers from a contracted degenerative disease that causes her suffering. She wants to die in dignity, with champagne a couch of foie gras and surrounded by friends, but especially with the assistance of a doctor.
"I am not suicidal, I do not have a psychiatric illness, I want to continue to control my destiny,"
she said with determination at the beginning of the civil trial.
Mr. Truchon, who is in his fifties, suffers from cerebral palsy. Only his left arm is functional. He too is asking for medical assistance in dying, even if there is no access in the current state of provincial and federal laws.
Except that these two people could not benefit from the medical aid to die, since they were not at the end of their life.
Till today
"This social debate could not have existed without the courage and determination of two exceptional individuals, Mr. Jean Truchon and Ms. Nicole Gladu who carried this cause on their shoulders. The Tribunal will remain forever marked by their testimony and wishes to convey to them their deepest respect. ", Noted the judge.
At the trial, state representative David Lucas stated that the purpose of the reasonably foreseeable death test was to protect the most vulnerable.
"Removing the criterion risks sending the message to those people that life is no longer worth living," he warned.
However, the judge did not agree.
"The Tribunal rejected the idea that medical aid in dying equals suicide. Mr. Truchon's and Ms. Gladu's request for medical assistance in dying is not a request for suicide facilitation because society perceives them to be unworthy of dignity and would be better off
because of their physical disability, "she concluded.
has just decided a judge of the Superior Court of Quebec.
"The reasonably foreseeable natural death requirement deprives people such as claimants of autonomy and choice to end their lives at the time and in the desired manner, which must remain a personal fundamental fact, "reads Judge Christine Baudouin's ruling on Wednesday.
The case was led by Nicole Gladu and Jean Truchon, two citizens with serious health problems who were not
eligible to apply for medical assistance in dying.
Mrs. Gladu, a septuagenarian, suffers from a contracted degenerative disease that causes her suffering. She wants to die in dignity, with champagne a couch of foie gras and surrounded by friends, but especially with the assistance of a doctor.
"I am not suicidal, I do not have a psychiatric illness, I want to continue to control my destiny,"
she said with determination at the beginning of the civil trial.
Mr. Truchon, who is in his fifties, suffers from cerebral palsy. Only his left arm is functional. He too is asking for medical assistance in dying, even if there is no access in the current state of provincial and federal laws.
Except that these two people could not benefit from the medical aid to die, since they were not at the end of their life.
Till today
"This social debate could not have existed without the courage and determination of two exceptional individuals, Mr. Jean Truchon and Ms. Nicole Gladu who carried this cause on their shoulders. The Tribunal will remain forever marked by their testimony and wishes to convey to them their deepest respect. ", Noted the judge.
At the trial, state representative David Lucas stated that the purpose of the reasonably foreseeable death test was to protect the most vulnerable.
"Removing the criterion risks sending the message to those people that life is no longer worth living," he warned.
However, the judge did not agree.
"The Tribunal rejected the idea that medical aid in dying equals suicide. Mr. Truchon's and Ms. Gladu's request for medical assistance in dying is not a request for suicide facilitation because society perceives them to be unworthy of dignity and would be better off
because of their physical disability, "she concluded.
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