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Assisted Death: Legal, Social and Ethical Issues after Carter

Focuses on the social, ethical and legal implications of the Carter I and Carter II decisions and offers meaningful reflections to the many perplexing questions currently being asked about medical assistance in dying (MAiD).
Publication Language: English
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$115.00
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Published:
ISBN/ISSN: 9780433498681

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Physician-assisted dying, or "medical assistance in dying", as it is now known, was decriminalized in certain circumstances as a result of the Supreme Court of Canada's 2015 decision in Carter v. Canada (Attorney General) and implemented through Bill C-14 in 2016. This timely collection of 13 papers, developed out of a national academic symposium held in September 2017, examines the social, ethical and legal implications of the Carter I and Carter II decisions and offer meaningful reflections to the many perplexing questions currently being asked about MAiD.

Features
  • Timely subject matter– serves as a go-to resource for researchers, legal counsel, decision makers, and policy advisers navigating emerging issues related to MAiD
  • Addresses critical and practical healthcare ethics issues – a much needed resource for healthcare administrators for developing ethics protocols
  • Diverse perspectives from leading authorities – offers authoritative review of complicated issues in constitutional, criminal, and health law
The Collection of Papers

PART I:    CARTER'S IMPACT ON CANADIAN LEGAL DOCTRINE
  • Carter: A Stain on Canadian Jurisprudence? – Prof. John Keown
  • Carter and the Unsettling of Stare Decisis - Dr. Dwight Newman
  • The "Basic Bedford Rule" and Substantive Review of Criminal Law Prohibitions Under Section 7 of the Charter - John Sikkema

PART II:    CHARTER IMPLICATIONS FOR HEALTH CARE PROFESSIONALS AND INSTITUTIONS
  • Conscientious Objections to Medical Aid in Dying: Considering How to Manage Claims of Conscience in a Pluralistic Society - Prof. Mary Anne Waldron, Q.C.
  • The Call in Carter to Interpret Freedom of Conscience - Brian Bird
  • Autonomy, Complicity, and Conscience: Charter Implications of the ‘Duty to Refer' for Physician-Assisted Suicide – Derek Ross
  • The Right of Religious Hospitals to Refuse Physician-assisted Suicide – Barry Bussey

PART III:    THE FUTURE OF PALLIATIVE CARE IN CANADA AND SAFEGUARDS MOVING FORWARD
  • Endgame: Philosophical, Clinical and Legal Distinctions Between Palliative Care and Termination of Life – Prof. Mary J. Shariff
  • Establishing the Right to Palliative Care in Canada – David Baker
  • The Way Forward for Medical Aid in Dying: Protecting Deliberative Autonomy is Not Enough – Prof. Jonas-Sébastien Beaudry

PART IV:    CHARTER DIALOGUE AND THE CONSTITUTIONALITY OF CANADA'S MAID LEGISLATION
  • Dialogue on Death: Parliament and the Courts on Medically-Assisted Dying – Dr. Tom Bateman
  • Constitutional Aspects of Canada's New Medically-Assisted Dying Law – Prof. Hamish Stewart
  • Charter Scrutiny of Canada's MAiD Law and the Shifting Belgian and Dutch Euthanasia Landscape – Prof. Trudo Lemmens

A Timely "Must-Read" for:
  • Constitutional Lawyers – develop a more nuanced understanding of how Carter may impact future Charter jurisprudence, particularly in relation to section 7 and section 1, as well as future institutional dialogue
  • Health Law practitioners – assist healthcare institutions and professionals in navigating issues related to MAiD
  • Health care professionals –understand the legal and regulatory regimes governing MAiD and emerging issues in palliative care and health law
  • Crown Counsel & Government Policy Advisers – advise governments of arguments and positions in answer to anticipated MAiD-related litigation and claims, as well as emerging policy proposals
  • Human Rights Lawyers – advise human rights advocates and groups of recent legal and developments related to MAiD, and to develop litigation strategies and arguments in future claims
  • Judges – keep well-informed of emerging issues and critical analyses of various legal doctrines as developed by the Carter cases
  • Civil Litigators –advise institutional and individual clients on issues relating to MAiD, as well as recent developments in Charter jurisprudence
  • Criminal Lawyers – understand Bill C-14's changes to the Criminal Code and how Carter may influence future cases at the intersection of constitutional and criminal law
  • Academics – volume serves to offer a variety of perspectives on MAiD and Canada's evolving jurisprudence on legal doctrines such as stare decisis, proportionality, and the principles of fundamental justice
  • Law Libraries – volume serves as a useful reference for anyone researching in the area of MAiD, constitutional law, and the Charter
  • Religious Institutions – provide guidance to members of the rights and options of individuals and institutions on legal issues related to MAiD
  • Political scientists – volume provides original research and analysis of the role of institutional dialogue between the courts and the legislature in the context of Bill C-14


Assisted Death: Legal, Social and Ethical Issues after Carter is a collection of papers developed out of Supreme Court Law Review, Second Series.

Featured authors

Table of contents

PART I: CARTER'S IMPACT ON CANADIAN LEGAL DOCTRINE
PART II: CHARTER IMPLICATIONS FOR HEALTH CARE PROFESSIONALS AND INSTITUTIONS
PART III: THE FUTURE OF PALLIATIVE CARE IN CANADA AND SAFEGUARDS MOVING FORWARD
PART IV: CHARTER DIALOGUE AND THE CONSTITUTIONALITY OF CANADA'S MAID LEGISLATION