Previous Page

Physician-Assisted Suicide Updates and Implications for the United States and Canada

June 17, 2016

Audio Recording

Video Recording

On February 6, 2015, the Supreme Court of Canada (SCC) struck down provisions in the criminal code that had formerly rendered assisted suicide, including physician assisted suicide, illegal. The SCC found that the prohibition against physician assisted suicide violated Section 7 of the Canadian Charter of Rights and Freedoms which states, “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Based on this finding, Parliament was charged with the task of enacting legislation surrounding this newly found right to physician assisted suicide in Canada. With the grant of a four month extension, these new laws surrounding physician-assisted suicide are due to be decided on by June 2016. What is unknown at this time is whether or not the liberty of Canadian physicians will be protected under these laws. Despite ardent requests to the SCC to account for physicians’ freedom of conscience, the SCC did not, deferring instead to Parliament’s (future) decision. This ruling has left the future of conscience rights for Canadian physicians vulnerable, potentially requiring them to forfeit their own interests and beliefs in order to continue practicing medicine. This paper considers the legal framing and relevant court decisions leading to the SCC throwing open the door for physician assisted suicide, while also addressing concerns with the decision, especially as it relates to physicians’ rights and freedoms that should be protected under the Charter, and arguing for a robust legislative protection for physicians’ freedom of conscience in the practice of medicine. Additionally, this paper will address implications the SCC decision could have in influencing public policy in the United States.

Keywords:
Conscientious objection; Euthanasia; Right to die; Right of conscience