Assisted death now legal
Territorial government implements temporary rules as feds miss deadline for new law
Shane Magee
Northern News Services
Wednesday, June 8, 2016
SOMBA K'E/YELLOWKNIFE
The GNWT has established temporary rules for patients seeking a doctor assisted death as the practice becomes legal across the country.
Health and Social Services Minister Glen Abernethy speaks to reporters in the Great Hall of the legislative assembly Monday about the GNWT's temporary rules for medically assisted death. - Shane Magee/NNSL photo |
Last year, the Supreme Court of Canada overturned a ban on medical providers helping end the life of grievously ill patients and gave the federal government a year to introduce a new law, later extended four months to June 6.
The Liberals tried to push the bill amending the Criminal Code of Canada through Parliament to get it passed by Monday. The senate received the bill last week and sent it to committee for further review, but then adjourned until Tuesday, meaning the deadline was missed. Now, the practice is legal. But without a federal law in place, the practice will be regulated by each province or territory.
Health and Social Services Minister Glen Abernethy said Monday the GNWT has implemented
temporary guidelines as it continues to draft its own law.
"Medical assistance in dying is a deeply personal subject for many people," Abernethy said in the legislative assembly.
"I want to reassure our residents that the interim guidelines do not compel health-care providers to provide, or assist in the provision of, medical assistance in dying."
The guidelines set out that patients must be 18, capable of making decisions about their health and have a "terminal" medical condition.
Safeguards include having the patients assessed by two independent practitioners, a mandatory reflection period of 10 days pass before assisted death is provided, that the patient have the chance to withdraw consent, with a final consent given. They must also be advised of alternatives such as palliative care.
The interim rules mean only doctors can provide an assisted death. In communities without a doctor, the Telehealth video conference service could be used for consultations, he said. Once the federal law is in place, other medical providers such as nurse practitioners are expected to be allowed to perform the service.
Speaking to reporters at the assembly, Abernethy said the rules were based around what was in the Liberal law as it went before Senate, including its definition of a "terminal" illness.
Since the introduction of the federal bill, it has been criticized for being more restrictive than what was prescribed by the Supreme Court.
The court directed assisted death is legal for clearly consenting, competent adults with "grievous and irremediable" medical conditions causing intolerable suffering.
The Liberal law sets out assisted death can only be provided for consenting, competent adults near death.
On Monday, the Senate heard testimony from constitutional expert Peter Hogg, who said the current form of the law would likely not withstand a court challenge, according to media reports.
Abernethy said the territory's rules can be adjusted based on what ends up in the federal law. The government will track and review the use of assisted death to ensure proper protocols were followed. NWT Senator Nick Sibbeston said he plans to vote against the legislation.
"My view is that I'm not in favour of assisted death at all as a Catholic person ... I'm going to express my views, so I will express that," said Sibbeston, the territory's only representative in the red chamber.
He said his position is based on his faith and the tradition of the Dene people to survive.
"That's the background I come from, so I'm against any medically assisted cessation of life," Sibbeston said, adding committee was expected to move the bill back to the full senate Tuesday where it would be debated and possibly amended.
If there are amendments, it would have to then go back to Parliament for another vote.
The senator said he's heard little feedback from NWT residents regarding the law. Those he has heard from tend to be against it, he said.
