Assisted Death: Legal, Social and Ethical Issues after Carter

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 and Mark Gingerich
• Establishing the Right to Palliative Care in Canada – David Baker and Geoff Cross
• 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 and Matthew LeBlanc
• 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.