Earlier today, the Liberal government introduced a bill to create exemptions to the Criminal Code that would permit medical assistance in dying. Here is a list of the main highlights:
- The bill will legalize both voluntary euthanasia (killing act is performed by the doctor or nurse practitioner with patient's consent) and assisted suicide (doctor or nurse practitioner provides means or knowledge but killing act is performed by patient).
- Medical assistance in dying will be available to adults suffering from a grievous and irremediable medical condition who provide informed consent to assisted death.
- Medical assistance in dying is NOT available to mature minors or via advance directive or to persons with a mental illness as the sole underlying condition. However, the bill includes a commitment to revisit these categories.
- Doctors and nurse practitioners are the only health care professionals permitted provide medical assistance in dying. Pharmacist are permitted to provide drugs used for medical assistance in dying either directly to the doctor or nurse practitioner or by prescription.
- The bill protects those who provide aid to doctors and nurse practitioners from prosecution. This presumably includes other health care practitioners who aid doctors or nurse practitioners (such as nurses, social workers, etc) and family members.
- The bill expressly provides that medical assistance in dying will not be available to anyone who is not eligible for government-funded health care in Canada. This means the procedure will not be available to medical tourists (for example, U.S. citizens who cross the border to get the service).
- Medical assistance in dying is only available if natural death is "reasonably foreseeable." This is likely to be one of the most contentious provisions in the bill. The bill does not define the phrase but makes it clear that it does not necessarily depend on prognosis.
- The bill provides for a number of safeguards to protect against exploitation and to ensure that the process and procedure of providing assistance in dying is documented. One notable safeguard is a 15-day wait period between the time a patient provides consent and when the act is carried out. The wait period can be shortened if the patient's death or loss of capacity is imminent.
- The bill affirms the need to reform and support palliative care and other end-of-life options.
- The bill provides for parliamentary review five years from Royal Assent.
