Medical assistance in dying:
Ottawa and Quebec will not appeal
Élisabeth Fleury
The sun
The Canadian Press
The sun
The Canadian Press
Like Quebec, Ottawa will not appeal the judgment of the Superior Court in the case of Jean Truchon and Nicole Gladu,
a spokesperson for Justice Canada confirmed to the Sun.
J oanne Ghiz confirmed to us Thursday in an email sent at the end of the day that the federal government will not appeal the judgment rendered in September by Judge Christine Baudouin, who declared inoperative the provisions of the Criminal Code requiring that the natural death of the person has become "reasonably foreseeable" for medical assistance in dying to be administered.
"Our government understands that physician-assisted dying is a difficult, complex and deeply personal issue. We know that Canadians have diverse and evolving perspectives that must all be heard and respected. Since the passage of the legislation in June 2016, we have listened to Canadians, experts and the courts. We will not appeal the recent decision of the Quebec Superior Court on medical aid in dying, "Justice Canada spokesperson quoted Minister David Lametti as saying," the government is committed to in force, taking into account that judgment ".
"We will do this while ensuring that the law protects the most vulnerable and respects the personal autonomy of those seeking medical assistance in dying. Maintaining this balance will continue to be very important to our government. "
In the leaders' debate presented on TVA on Wednesday, Justin Trudeau announced that he would not appeal the decision of the Quebec Superior Court and that a re-elected Liberal government would revise the law on medical assistance in dying. in the first six months following his reelection.
At a press conference on Wednesday afternoon, the Legault government released its decision not to appeal the judgment of the Superior Court, which also declared inoperative the provisions of the Act concerning end-of-life care requiring that the no one is "end of life
" to qualify for medical assistance in dying.
By virtue of this judicial decision, medical assistance in dying should henceforth be available to people who are very physically or psychologically ill, even if they are not at the end of their life, as the Quebec law states, and even if their death is not reasonably foreseeable, as stipulated by federal law.
As a result, the judge forced Ottawa and Quebec to redo their homework on a delicate and controversial issue.
The Legault government has already committed to examining the possibility of expanding Quebec's law on medical assistance in dying, which some believe is too restrictive, especially for people who are incapable of dementia or Alzheimer's disease. According to current Quebec law,
the informed consent of the suffering person must be given until the very end of life.
To comply with the judgment, Quebec will have to amend its law by March or at least revise its current wording of the
"end of life" criterion, which has been invalidated.
"Everything is on the table," said Minister of Justice Sonia LeBel at a press conference, who intends to examine the various
options available to her before announcing her colors.
The concept of "end of life" was difficult to apply anyway, commented Health Minister Danielle McCann.
But nothing prevents the government on this occasion, or as a second step, to take the opportunity to expand the scope of legislation, in accordance with its commitment. The six-month time limit imposed by the judge does not refer to a possible extension of the law.
The future debate on this subject could therefore be further extended.
Minister LeBel did not rule out a stay application, if necessary, as the court deadline was very tight.
A committee of experts, which explored the parameters of a possible expansion of the End-of-Life Care Act, submitted its report to Minister McCann over the summer, but the latter still refuses to return it. public.
It's a "complex file," McCann said, adding that the public would be consulted on what's going on. "We also want this issue to be transpartisan," she said.
By her decision, Justice Baudouin ruled in favor of two citizens with serious health problems for many years, Nicole Gladu and Jean Truchon, who challenged the legal provisions preventing them from seeking medical assistance in dying.
Hivon: the population is ready
PQ member Véronique Hivon, who is behind the current law on end-of-life care,
praised the Legault government's decision not to appeal the Baudouin judgment.
She wanted to say that Quebec had shown leadership on this issue in the past and that it still had the latitude to legislate in this area,
without waiting for the blessing of Ottawa.
"Nothing in the judgment of the Superior Court came to question the entire jurisdiction of Quebec"
in terms of medical assistance in dying, she insisted, in briefing.
On the merits, Ms. Hivon is of the opinion that the legal recognition of advance requests
for medical assistance in dying in case of incapacity is the way to go.
"I deeply believe that this right should exist, being well marked," she argued.
And like Minister McCann, she is convinced that "society is even more ready (than in the past) to accept this possibility" of a legal recognition of anticipated requests for physician-assisted dying made by people fearing to become one day unable to give their informed consent.
+
HIVON: THE POPULATION IS READY
PQ member Véronique Hivon, who is behind the current law on end-of-life care, praised the Legault government's decision not to appeal the Baudouin judgment. She wanted to say that Quebec had shown leadership on this issue in the past and that it still had the latitude to legislate in this area, without waiting for the blessing of Ottawa. "Nothing in the judgment of the Superior Court came to question the entire jurisdiction of Quebec"
in terms of medical assistance in dying, she insisted, in briefing.
On the merits, Ms. Hivon is of the opinion that the legal recognition of advance requests for medical assistance in dying in case of incapacity is the way to go. "I deeply believe that this right should exist, being well marked," she argued. And like Minister McCann, she is convinced that "society is even more ready [than in the past] to accept this possibility" of a legal recognition of anticipated requests for medical assistance in dying made by people fearing to become one day unable to give their informed consent. The Canadian Press
a spokesperson for Justice Canada confirmed to the Sun.
J oanne Ghiz confirmed to us Thursday in an email sent at the end of the day that the federal government will not appeal the judgment rendered in September by Judge Christine Baudouin, who declared inoperative the provisions of the Criminal Code requiring that the natural death of the person has become "reasonably foreseeable" for medical assistance in dying to be administered.
"Our government understands that physician-assisted dying is a difficult, complex and deeply personal issue. We know that Canadians have diverse and evolving perspectives that must all be heard and respected. Since the passage of the legislation in June 2016, we have listened to Canadians, experts and the courts. We will not appeal the recent decision of the Quebec Superior Court on medical aid in dying, "Justice Canada spokesperson quoted Minister David Lametti as saying," the government is committed to in force, taking into account that judgment ".
"We will do this while ensuring that the law protects the most vulnerable and respects the personal autonomy of those seeking medical assistance in dying. Maintaining this balance will continue to be very important to our government. "
In the leaders' debate presented on TVA on Wednesday, Justin Trudeau announced that he would not appeal the decision of the Quebec Superior Court and that a re-elected Liberal government would revise the law on medical assistance in dying. in the first six months following his reelection.
At a press conference on Wednesday afternoon, the Legault government released its decision not to appeal the judgment of the Superior Court, which also declared inoperative the provisions of the Act concerning end-of-life care requiring that the no one is "end of life
" to qualify for medical assistance in dying.
By virtue of this judicial decision, medical assistance in dying should henceforth be available to people who are very physically or psychologically ill, even if they are not at the end of their life, as the Quebec law states, and even if their death is not reasonably foreseeable, as stipulated by federal law.
As a result, the judge forced Ottawa and Quebec to redo their homework on a delicate and controversial issue.
The Legault government has already committed to examining the possibility of expanding Quebec's law on medical assistance in dying, which some believe is too restrictive, especially for people who are incapable of dementia or Alzheimer's disease. According to current Quebec law,
the informed consent of the suffering person must be given until the very end of life.
To comply with the judgment, Quebec will have to amend its law by March or at least revise its current wording of the
"end of life" criterion, which has been invalidated.
"Everything is on the table," said Minister of Justice Sonia LeBel at a press conference, who intends to examine the various
options available to her before announcing her colors.
The concept of "end of life" was difficult to apply anyway, commented Health Minister Danielle McCann.
But nothing prevents the government on this occasion, or as a second step, to take the opportunity to expand the scope of legislation, in accordance with its commitment. The six-month time limit imposed by the judge does not refer to a possible extension of the law.
The future debate on this subject could therefore be further extended.
Minister LeBel did not rule out a stay application, if necessary, as the court deadline was very tight.
A committee of experts, which explored the parameters of a possible expansion of the End-of-Life Care Act, submitted its report to Minister McCann over the summer, but the latter still refuses to return it. public.
It's a "complex file," McCann said, adding that the public would be consulted on what's going on. "We also want this issue to be transpartisan," she said.
By her decision, Justice Baudouin ruled in favor of two citizens with serious health problems for many years, Nicole Gladu and Jean Truchon, who challenged the legal provisions preventing them from seeking medical assistance in dying.
Hivon: the population is ready
PQ member Véronique Hivon, who is behind the current law on end-of-life care,
praised the Legault government's decision not to appeal the Baudouin judgment.
She wanted to say that Quebec had shown leadership on this issue in the past and that it still had the latitude to legislate in this area,
without waiting for the blessing of Ottawa.
"Nothing in the judgment of the Superior Court came to question the entire jurisdiction of Quebec"
in terms of medical assistance in dying, she insisted, in briefing.
On the merits, Ms. Hivon is of the opinion that the legal recognition of advance requests
for medical assistance in dying in case of incapacity is the way to go.
"I deeply believe that this right should exist, being well marked," she argued.
And like Minister McCann, she is convinced that "society is even more ready (than in the past) to accept this possibility" of a legal recognition of anticipated requests for physician-assisted dying made by people fearing to become one day unable to give their informed consent.
+
HIVON: THE POPULATION IS READY
PQ member Véronique Hivon, who is behind the current law on end-of-life care, praised the Legault government's decision not to appeal the Baudouin judgment. She wanted to say that Quebec had shown leadership on this issue in the past and that it still had the latitude to legislate in this area, without waiting for the blessing of Ottawa. "Nothing in the judgment of the Superior Court came to question the entire jurisdiction of Quebec"
in terms of medical assistance in dying, she insisted, in briefing.
On the merits, Ms. Hivon is of the opinion that the legal recognition of advance requests for medical assistance in dying in case of incapacity is the way to go. "I deeply believe that this right should exist, being well marked," she argued. And like Minister McCann, she is convinced that "society is even more ready [than in the past] to accept this possibility" of a legal recognition of anticipated requests for medical assistance in dying made by people fearing to become one day unable to give their informed consent. The Canadian Press
