Assisted Dying and Euthanasia Law

End of Life and the Law

• Historically, assisted suicide was illegal in Canada, but has been recently challenged and is still being debated.
• Patients with degenerative diseases argue for the right to liberty and life, citing their rights to autonomy and dignity.

Medical Assistance in Dying

• Became legal in Canada in 2016 with Bill C-14.
• Legal in Netherlands, Belgium, Colombia, and Switzerland.
• A healthcare provider can administer or prescribe a lethal dose of medication for patients with terminal diseases.
• Patients can choose the time and location of their death.
• Ongoing debates surround the humanity and ethics of this.

MAID Eligibility Criteria

• Patients must be over 18, mentally competent, and have a valid health card.
• They must have a serious and incurable disease, illness, or disability, and be in the later stages of decline with no hope of reversal.
• They must be experiencing unbearable physical or mental pain that cannot be alleviated, or have a reasonably foreseeable death.

Health Care and the Law

Ending the Doctor-Patient Relationship

• A doctor can end the duty of care, but must terminate the relationship properly to avoid abandonment charges.
• Reasons for terminating a relationship include inadequate care, incompatible personalities, or moral objections.

Health Care as a Right

• The Canada Health Act ensures prepaid healthcare for medically necessary services.
• The Canadian Charter of Rights and Freedoms (Section 7 and 15) demands equal access to healthcare for all.

Privatization of Health Care

• Canada does not allow private billing for medically necessary procedures, except in specific cases (Workers' Compensation Boards, surgical procedures under certain conditions).
• Privatization raises concerns about two-tier healthcare systems and inferior care in the public sector.

Physicians and Privatization

• Physicians can work in either the public or private sector, but may face restrictions on charging patients (MB, ON, NS) or reimbursement (AB, BC, NB, PQ, SK).
• Incentives encourage physicians to work in the public sector.

Conflict of Interest

• Healthcare providers must avoid conflicts of interest, prioritizing patients' best interests and disclosing financial interests.
• Healthcare providers are governed by common law, with a fiduciary duty to patients and a requirement for honesty and integrity.

Process of Terminating the Relationship

• A "Dear John" letter is used to formally terminate the doctor-patient relationship, with care provided until the patient receives the letter or finds a new doctor.
• Patients can terminate the relationship without a process.

Patient Self-Discharge from Hospital

• Patients can leave the hospital at any time, unless confined under legislation, and are asked to sign a form releasing the hospital and healthcare providers from liability.

Good Samaritan Laws

• These laws protect individuals who offer help in emergency situations, as long as they act within their training and abilities.

Apology Laws

• Apology laws protect healthcare providers from liability when apologizing to patients, acknowledging that apologies do not constitute admissions of fault.
• These laws aim to promote human interaction and transparency in healthcare.