Legislation lags behind legalization
Northern News Services
Wednesday, January 27, 2016
SOMBA K'E/YELLOWKNIFE
Although people seeking to die at the hand of a physician can now petition the courts to do so, there is no federal or territorial legislation on doctor-assisted death expected for up to four months.
The Supreme Court of Canada earlier this month issued a 5-4 decision giving the federal government four additional months to craft new legislation to tackle doctor-assisted death.
The original February 2015 ruling had given the government a year to draft new laws.
In addition to the extension, the court has allowed those seeking to die with the help of a doctor to petition a judge to do so over those four months, which began Jan. 15.
The territorial government is now figuring out just how that would work without federal or territorial regulations in place, according to Health and Social Services Minister Glen Abernethy.
"Should individual cases come up or the (NWT) Supreme Court be petitioned over the next four months, we're prepared to work with our partners to put in some ministerial directives that will get us through until we can get our legislation in place," he said.
"We won't know exactly what our program will look like until we have a better sense of how the legislation at the federal level is going to look like," Abernethy said.
June would likely be the earliest point draft legislation could be put forward in the assembly, Abernehty said. That would be followed by a 120 day review by an assembly committee which would include public consultation.
"At best, it's probably the fall session before we get legislation in place, but it may not even be that soon," the minister said. "We really want to make sure we get this right."
Two weeks ago, the minister sent letters to doctors and others who would be involved in the issue to seek input on what to do. They were given several weeks to respond, already cutting into the four-month window granted by the country's top court.
Abernethy said he's not aware of anyone who has come forward seeking assisted death in the territory.
Yellowknifer sought to find out how the the territory's top court would handle a petition for assisted death and whether there would be an speedier hearing of the request. Criminal cases often take months to work through the court system.
Janice Laycock, director of policy and planning with the Department of Justice, stated in an e-mail that what happens would be up to a judge.
"Any petitioner may seek expedited relief from the courts as part of their application. Whether a matter is expidited would be determined by the court based on the information before them," Laycock wrote.
Justice Minister Louis Sebert, who discussed assisted death last week with his provincial colleagues at a meeting in Quebec, was not available to comment.
