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Physician-Assisted Dying committee It is comparable to all advance directives. We at the Expert Jurists Committee had recommended that this be allowed. It was withdrawn in the course of the debate, for several reasons. Regarding wishes expressed previously by a patient, there are several difficulties. Was the pati
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee Unfortunately, I cannot speak on behalf of Quebec. I can say however that under the provincial law, each health care institution is going to report on a yearly basis on all of the physician-assisted death cases. That report will be sent to the Commission on End-of-Life Care. Ever
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee Absolutely. The Quebec act is more restrictive than what the Supreme Court allows in its Carter ruling. The law was passed before that decision was handed down. At the end of the legislative process Parliament is undertaking now, clearly Quebec is going to have to review its law
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee Consent can be given in various ways. The physician has to ensure a whole series of things. First he or she must ensure that his staff meets medical requirements. Afterwards, he must inform his patient about how the procedure will unfold. He must make sure that free consent is be
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee We had a very long debate on that, to decide whether that should be permitted in advance directives. In Europe, for instance in Belgium, this is allowed as long as the patient's wishes were expressed in the five previous years. In Quebec we decided not to allow this for several
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee In Quebec we asked ourselves that question, because this practice was exclusive to doctors. We wondered whether other health care professionals could do it. The conditions for obtaining physician-assisted death absolutely imply the participation of a doctor, for instance for the
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee Basically, Quebec's journey was the following. The act regarding physician-assisted dying is the Act Respecting End-of-Life Care. It contains a general framework for all end-of-life care, including palliative care, continuous palliative sedation and physician-assisted dying. It p
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee Sections 14 and 241 were not totally invalidated. They were invalidated to the extent that they relate to physician-assisted dying. So, we can quite easily add a paragraph. I am giving you the simplest answer, but the analysis could be refined. If you were in a hurry and simply
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee It is clear to me that an exception to the Criminal Code is a matter of federal jurisdiction. That is why the exception does not need to be described extensively, nor include too many details. The fact of saying that the Criminal Code may to some degree in this case obtrude on t
January 25th, 2016Committee meeting
Jean-Pierre Ménard
Physician-Assisted Dying committee Thank you. Mr. Chair, ladies and gentlemen members of the committee, we have in fact been working since 2009 on the issue of physician-assisted dying in the Canadian constitutional context. The Quebec Bar thanks the committee for its invitation. This morning we simply want to c
January 25th, 2016Committee meeting
Jean-Pierre Ménard