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
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2015-12-16 9:35 AM