Dialogue Volume 12 Issue 1 2016 | Page 9

Feature College’s bridging document on physician-assisted death photo: istockphoto.com T he College has stepped in to provide physicians with interim guidance about their obligations to patients as the federal and provincial governments consider how they will respond to the Carter decision as of the June 6th deadline set by the Supreme Court of Canada. “Given the void in legislative authority, we needed a bridging document that provided guidance for physicians. We were unwilling to leave physicians and their patients stranded for four months without direction on an issue as complex as physician-assisted death,” said Dr. Joel Kirsh, College President. In the case of Carter v. Canada, the Supreme Court of Canada (SCC) considered whether the criminal prohibition on physician-assisted death violated the Charter rights of competent adults, who are suffering intolerably from grievous and irremediable medical conditions, and seek assistance in dying. The SCC unanimously determined that an absolute prohibition on physicianassisted death does violate the Charter rights of these individuals, and is unconstitutional. The SCC suspended its decision for 12 months (until February 6, 2016) to allow the federal government to develop and pass legislation legalizing physician-assisted death. In December 2015, the federal government applied to the SCC for an extension to allow it additional time to develop a framework to govern the provision of physician-assisted death in Canada. In response to this request, the SCC granted a four-month extension. The Carter decision will now come into effect on June 6, 2016. The Court ruled, however, that during this fourmonth extension period, an individual who is suffering Issue 1, 2016 Dialogue 9