It is clear that the issue lies in the fact that physicians expect the law to define all the situations in detail. However, the more law defines situations, the more it limits them. We have to be careful about that, as well. Given the extreme variety of situations, it is difficult to have a definition that would apply to each and every case.
It is important to give patients a certain margin of discretion in their relationship with their doctor. Key parameters and a framework to assess situations will be established. In Canada, we have to trust medical practice. We especially have to trust patients' discretion and autonomy. This piece of legislation is first and foremost about patients' rights. This entire process is an extension of patients' rights—their right to control their life and especially to control when they want to die and how. This piece of legislation does not really give physicians or health establishments powers or rights. It is made for patients.
As long as patients are conscious and competent, as long as they can make decisions, are well informed about their situation and are taking action based on that, the definition of all the medical conditions and variables need not go too far. The more details are provided, the more situations are excluded.
This is exactly what is happening here. The proposed subsection 241.2(1) talks about the Carter criteria, but by defining them in the proposed subsection 241.2(2), many people are already being excluded. We have to be extremely careful and not try to take things too far. We have to trust Canadian citizens, patients and physicians. By implementing appropriate control and oversight measures, we can reassure ourselves as a society.