Mature minors, mentally ill should have right to doctor-assisted death
- Mar 6, 2016
- 2 min read
Mature minors and mentally ill people should not be excluded from the right to doctor-assisted death, according to a special committee of MPs and senators.
A 70-page report tabled Thursday, called "Medical Assistance in Dying: A Patient-Centred Approach," also says Canadians should have the right to make an "advance request" for medical aid in dying after being diagnosed with certain debilitating, but not necessarily terminal, conditions.
It says the right to assisted death should not be limited to physical conditions, and that Canadians with psychiatric conditions should not be excluded from doctor assistance to end suffering.
"The committee recognizes that there will be unique challenges in applying the eligibility criteria for medical assistance in dying where the patient has a mental illness, particularly where such an illness is the condition underlying the request," the report reads.
"However, where a person is competent and fits the other criteria set out by law, the committee does not see how that individual could be denied a recognized Charter right based on his or her mental health condition."
The age for consent has been one of the most contentious issues in the right-to-die debate. The Canadian Paediatric Society pushed to exclude minors regardless of competence. But the committee referred to the Supreme Court's statement that minors have a right "to a degree of decision-making autonomy that is reflective of their evolving intelligence and understanding."
"Given existing practices with respect to mature minors in health care and the obvious fact that minors can suffer as much as any adult, the committee feels that it is difficult to justify an outright ban on access to medical assistance in death for minors," the report concludes.
"Without the option to consent in advance to assisted dying, Canadians with dementia who want to die in peace with the help of a physician face a dire choice: access assisted dying prematurely, while they are still competent; or risk losing competence before their wishes can be carried out, only to be condemned to the exact fate they sought to avoid."
The report also calls for more study around palliative care, mental health and dementia, as well as issues specific to Indigenous people and communities.
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