National Post

Quebec’s euthanasia law explained

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Quebec’s historic Act Respecting End- of-Life Care came into effect Thursday, pending the Dec. 18 appeal of a Superior Court ruling that could effectivel­y quash the law. In the meantime, it is legal for doctors to administer lethal injections to mentally competent, consenting adults who are at the end of life, have an incurable illness and experience “constant and unbearable” suffering. The Post’s Graeme Hamilton answers six key questions:

Is it euthanasia or assisted s ui c i de t hat Quebec has legalized?

Under the Quebec law, physicians will administer lethal injections to consenting patients. Quebec calls this “medical aid in dying,” but it is more commonly known as euthanasia. Assisted suicide, which is currently legal in three American states, occurs when a physician provides a patient with lethal medication that the patient uses to end his or her own life. Quebec considered but rejected the legalizati­on of assisted suicide, concluding that it was preferable to have the physician administer the medication. Who is nasia?

To obtain medical aid in dying, patients must be 18 or older and capable of giving consent to care. They have to have a serious and incurable illness, be at the end of life in an advanced state of irreversib­le decline and experience “constant and unbearable physical or psychologi­cal suffering that cannot be relieved in a manner the patient deems tolerable.” The procedure must be re-

eligible

f or eutha- quested in a free and informed manner, using a government­issue form signed in the presence of a health profession­al. In order to prevent euthanasia tourism, it is restricted to Quebec residents covered by medicare. Before administer­ing euthanasia, the attending physician must obtain confirmati­on from a second physician that the conditions of the law have been met. How will physicians bring about death?

A guide prepared by Quebec’s College of Physicians spells out the three intravenou­s injections to be used in physician-assisted death. “It starts with anxiolysis (administra­tion of an anti- anxiety drug), followed by induction of an artificial coma and, lastly, the administra­tion of a neuromuscu­lar blocker that causes respirator­y arrest, cardiac arrest and death.” The procedure is expected to take 20 to 30 minutes. Doctors are advised to ensure the patient has a private room, to be punctual and to turn off pagers and cellphones. Family members can be present if the patient wishes. “Medical aid in dying should be marked by a profound solemnity that holds the protagonis­ts’ undivided attention,” the guide says. Can a patient make a request to be euthanized in the event that they become incapacita­ted?

There is no provision in the law for a living will requesting euthanasia in the future. Patients have to be able to consent to care at the time of the procedure. “Despite the compassion engendered by each of these situations, the administra­tion of medical aid in dying is prohibited if requested by a competent person who is experienci­ng constant and unbearable suffering but is not at the end of life, irrespecti­ve of whether he has a severe disability (tetraplegi­a, for example), or is in the early stages of a degenerati­ve disease, or has a psychiatri­c illness, or wishes to die but his death is not foreseeabl­e,” the guide for physicians says. Is a physician obliged to fulfil a patient’s request for euthanasia?

The law allows for conscienti­ous objection by all health profession­als, including doctors, nurses and pharmacist­s. Physicians whose moral or religious conviction­s prevent them from performing euthanasia must notify their hospital director, who will take steps to find a physician willing to accommodat­e the request. How might a federal law differ from what Quebec has done?

Ottawa has been spurred to action by last February’s Supreme Court of Canada ruling, which invalidate­d the Criminal Code prohibitio­n of physiciana­ssisted death. The high court gave the federal government and provinces one year to come up with new legislatio­n, but Ottawa has requested a sixmonth extension and it has not indicated whether it will opt for euthanasia or assisted suicide. A spokesman for Prime Minister Justin Trudeau told CBC last week that Ottawa will “take inspiratio­n” from Quebec’s lead. The Supreme Court ruling goes farther than Quebec’s law in one way. It says that to qualify for physician-assisted death, a patient must have a grievous, irremediab­le medical condition and experience intolerabl­e suffering. But it does not require that a patient be at the end of life.

 ?? FRED DUFOUR / AFP / Gett
y Imag
es ?? Assisted suicide, which is currently legal in three American states, occurs when a physician provides a patient with lethal medication that the patient uses to end his or her own life. Assisted suicide has not been legalized in Quebec, but euthanasia has.
FRED DUFOUR / AFP / Gett y Imag es Assisted suicide, which is currently legal in three American states, occurs when a physician provides a patient with lethal medication that the patient uses to end his or her own life. Assisted suicide has not been legalized in Quebec, but euthanasia has.

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