Assisted death can’t be planned in advance
Woman unhappy option not allowed under new law
Faye Walker strongly disagrees with the federal government’s medical assistance in dying (MAID) legislation because it prevents her from pre-planning her death.
“I’ve always told everyone that I’m going to do my pre-planning now for the right to die,” said the Kenosee Lake resident.
Walker is healthy, but she wants the peace of mind to know she will die with dignity.
“I go to a seniors’ home in Carnduff every night and these ladies are lying there in these geri-chairs and they don’t know anybody, they get no visitors, they’re fed by somebody else — I do not want to end up like that,” Walker said. “Why shouldn’t I be able to plan now, while my brain is still functioning properly? Why not?
“I’m not saying I want to die tomorrow. But I think we, as citizens, should have the right to decide before we have Alzheimer’s or dementia.”
Walker was upset to learn Wednesday that she doesn’t have that option.
She was among more than 100 people attending a Regina conference on MAID by the Saskatchewan Seniors Mechanism.
Kevin Fenwick, former Saskatchewan deputy minister of justice and one of the presenters, described MAID as a “developing and complicated area.”
Fenwick explained the Supreme Court of Canada ruled in February 2015 that parts of the Criminal Code prohibiting medical assistance in dying be struck down to satisfy the Canadian Charter of Rights and Freedoms.
The feds were given until June 6, 2016, to create a new law, but got an extension. The new law was passed on June 17, 2016.
“The legislation gives dying patients who are suffering intolerably from a serious medical condition the choice of a medically assisted death,” Fenwick said.
He added: “The natural death has to be reasonably foreseeable.”
Other eligibility conditions include:
People must be 18 or older and ■ mentally competent;
Be eligible for health services ■ funded by a provincial or the federal government so Canada is not a destination for medical tourism;
Have a grievous and irremediable ■ medical condition;
Make a voluntary request that ■ isn’t the result of outside pressure;
And give informed consent.
■
Consequently, physicians, nurse practitioners and those who help them — such as pharmacists — won’t be charged with homicide.
There are two types of medical assistance in dying.
A physician or nurse practitioner can directly administer a substance that causes the death of the person requesting it, or they can give or prescribe a substance to patients that will cause their death.
Fenwick noted a number of safeguards prevent abuse.
“There has to be a request for medical assistance in dying in writing made by the patient, or, in certain circumstances, another adult on the patient’s behalf — for example, if the patient cannot write,” he said. “The medical request has to be witnessed by two witnesses.”
The request can be reversed at any time.
Furthermore, a doctor or nurse practitioner must determine if a person is eligible.
“At this stage, a second physician or nurse practitioner needs to provide a written opinion confirming that the patient is eligible for medical assistance in dying,” Fenwick said.
The two medical opinions must be independent of each other and of the patient. There is also a 10day cooling off period.