Feds acknowledge possible charter issues
OTTAWA— In a written explanation of the reasoning behind Bill C-14 on medical assistance in dying, the Justice Department acknowledges that the bill could violate the charter of rights on a number of fronts. They include: Excluding those who are suffering intolerably but whose natural death is not reasonably foreseeable could violate the right to life, liberty and security of the person;
Treating people differently on the basis of their different medical conditions could violate equality rights;
Not allowing advance directives could force those with competence-eroding conditions like dementia to take their lives prematurely or risk permanently losing access to medically assisted death once they no longer have capacity to consent, thereby violating equality rights and the right to life, liberty and security of the person;
Restricting access to adults at least 18 years of age could violate the right not to be discriminated against based on age; and,
Requiring two independent people to witness a written request for medical assistance in dying could violate privacy rights.