I think capacity has to be assessed by the doctor, obviously taking into account the condition from which the person is suffering. When we're talking about mental disorders, there is some influence on capacity, that being my experience.
As far as full disclosure is concerned, I think we have to disclose that with a particular condition, for example, there's anywhere between a zero and 100% chance of irremediability, because we don't have the data. I don't know how it could be concluded subjectively without the objective data supporting it. That sort of disclosure I think needs to be done. As the report talks about, there has to be some sort of subjective shared understanding on such things between the practitioner and the patient. It's so subjective.
We bend over backwards in our Criminal Code to protect innocence. People have to be proven guilty, even if it means some guilty people get let go. I'm suggesting that safeguards have to be in place to ensure that those who would regret it and all those impacted by it.... Don't forget that there's a ripple effect between friends, co-workers and contacts. For every one of these deaths, we're talking about a major, major impact. It's not a decision just for the person. It's a decision for the community. We have to make sure that we really have those safeguards in place.