Dialogue Volume 11 Issue 4 2015 | Page 21

Guidance Providing interim guidance on Physician-Assisted Death CPSO consults on draft document photo: istockphoto.com photos: D.W. Dorken L ast February, the Supreme Court of Canada (SCC) unanimously ruled in Carter v. Canada that the Criminal Code provisions that prohibit physician-assisted death are constitutionally invalid in circumstances where a competent adult suffers intolerably from a grievous and irremediable medical condition. The SCC suspended its ruling for 12 months to allow federal and provincial governments, and physicians’ Colleges, to respond, if they so choose, in a manner consistent with the parameters set out in the decision. The College held a consultation on a draft document that will serve as interim guidance for the profession in the event that the SCC does not grant government an extension of the February 6, 2016 deadline. The consultation was abridged because the guidance had to be finalized and in place should an extension not be granted. The draft Interim Guidance document is informed, in part, by the work of Canadian regulators, the Federation of Medical Regulatory Authorities of Canada and the Canadian Medical Association, as well as established frameworks in place in international jurisdictions where physician-assisted death is legalized. The draft document articulates: • Professional and legal obligations articulated in College policies and legislation that apply in the physician-assisted death context; • The criteria for physician-assisted death as set out by the Supreme Court of Canada; and • Guidance for physicians on practice-related elements specific to the provision of physician-assisted death. The Carter decision does not compel physicians to provide physician-assisted death. The SCC noted, Issue 4, 2015 Dialogue Issue4_15.indd 21 21 2015-12-16 9:35 AM