Assisted Death

ebook Volume 1

By Derek Ross

cover image of Assisted Death

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Physician-assisted dying, or "medical assistance in dying", as it is now known, was decriminalized in certain circumstances as a result of the Supreme Court of Canada's 2015 decision in Carter v. Canada (Attorney General) and implemented through Bill C-14 in 2016. This timely collection of 13 papers, developed out of a national academic symposium held in September 2017, examines the social, ethical and legal implications of the Carter I and Carter II decisions and offer meaningful reflections to the many perplexing questions currently being asked about MAiD. Features

  • Timely subject matterâ€" serves as a go-to resource for researchers, legal counsel, decision makers, and policy advisers navigating emerging issues related to MAiD
  • Addresses critical and practical healthcare ethics issues â€" a much needed resource for healthcare administrators for developing ethics protocols
  • Diverse perspectives from leading authorities â€" offers authoritative review of complicated issues in constitutional, criminal, and health law

    The Collection of Papers

    PART I: CARTER'S IMPACT ON CANADIAN LEGAL DOCTRINE

  • Carter: A Stain on Canadian Jurisprudence? â€" Prof. John Keown
  • Carter and the Unsettling of Stare Decisis - Dr. Dwight Newman
  • The "Basic Bedford Rule" and Substantive Review of Criminal Law Prohibitions Under Section 7 of the Charter - John Sikkema

    PART II: CHARTER IMPLICATIONS FOR HEALTH CARE PROFESSIONALS AND INSTITUTIONS

  • Conscientious Objections to Medical Aid in Dying: Considering How to Manage Claims of Conscience in a Pluralistic Society - Prof. Mary Anne Waldron, Q.C.
  • The Call in Carter to Interpret Freedom of Conscience - Brian Bird
  • Autonomy, Complicity, and Conscience: Charter Implications of the ‘Duty to Refer' for Physician-Assisted Suicide â€" Derek Ross
  • The Right of Religious Hospitals to Refuse Physician-assisted Suicide â€" Barry Bussey

    PART III: THE FUTURE OF PALLIATIVE CARE IN CANADA AND SAFEGUARDS MOVING FORWARD

  • Endgame: Philosophical, Clinical and Legal Distinctions Between Palliative Care and Termination of Life â€" Prof. Mary J. Shariff and Mark Gingerich
  • Establishing the Right to Palliative Care in Canada â€" David Baker and Geoff Cross
  • The Way Forward for Medical Aid in Dying: Protecting Deliberative Autonomy is Not Enough â€" Prof. Jonas-Sébastien Beaudry

    PART IV: CHARTER DIALOGUE AND THE CONSTITUTIONALITY OF CANADA'S MAID LEGISLATION

  • Dialogue on Death: Parliament and the Courts on Medically-Assisted Dying â€" Dr. Tom Bateman and Matthew LeBlanc
  • Constitutional Aspects of Canada's New Medically-Assisted Dying Law â€" Prof. Hamish Stewart
  • Charter Scrutiny of Canada's MAiD Law and the Shifting Belgian and Dutch Euthanasia Landscape â€" Prof. Trudo Lemmens...
  • Assisted Death