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Justice committee I run an organization that protects physicians. This is a most complicated area. I don't feel that I'm the right person to tell you what to do, or to give you advice on institutions. I used to run an institution. I no longer do that. I can't help you on that one.
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee Sorry, I'm not quite sure what you intend in your question. Could you give me a minute to look at the proposed subsection?
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee I think this is the good faith provision I've been talking about. Sorry, I didn't quite get the point.
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee If the physician or the nurse practitioner acts in good faith, deals with all the criteria, gets the appropriate consent, has the appropriate discussion, follows whatever guidelines there are around the second witness, and acts in good faith, and is subsequently sued by a family
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee I think it does so, but perhaps not as strongly as we would like. I made suggestions about adding some wording in the preamble. As I understand it—again, I'm not a lawyer, I'm a physician—adding it in the preamble sets the context and the tone of the law. We feel that by adding
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee Could I make a a small, supplementary comment on that?
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee In our submission to the joint parliamentary committee, we recommended that the wording and the way it was drafted in Quebec, I think, would be a very useful addendum for this parliamentary committee. That would ease the concerns of those people whom my colleague is concerned abo
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee Yes.
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee Let me make it clear. We have been around for 100 years, and we'll continue to provide protection to our members, no matter what. What we're concerned about is giving them the best advice. This is about operationalizing a new law. This is about making it easier for a physician to
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee We think this is consistent and sufficient based on our understanding. We're not the experts on world systems or the other jurisdictions under which this law or similar laws are enacted. We think the committee has been thoughtful in the way it brought this forward. We will work w
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee I made several points around adding some clarity regarding the good faith provisions. I think the honourable member at the first was a bit confused as to our approach here. We think that physicians who act in good faith, and that means those who understand and ensure that the c
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee When we were asked to testify, we were asked to comment on specific areas that we felt were in need of revision. In as a thoughtful a way as we could, we gave you two options. You've declared a third. Our point on this would be that we believe that if you add one or other of our
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee It's because it doesn't add anything to existing provisions, and it's not a criminal act. Why add it when each province has provisions now that would deal with this quite adequately? It doesn't add anything, and in fact makes it a bit fuzzy. We will be able to provide guidance to
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee Let me use an example. If we were to include in this legislation, for example, mental health being the sole criterion, a patient having a mental health problem only.... Sorry, it's the other way around. If the province were to entertain legislation that permitted medically ass
May 3rd, 2016Committee meeting
Dr. Hartley Stern
Justice committee I did suggest it, and it's in our written submission, so I'll repeat that section if you'd like. If your intention is that the patient does not need to be at the end of life—so there's no time constraint—we suggest that you add under the section that says natural death has becom
May 3rd, 2016Committee meeting
Dr. Hartley Stern