Feature
College’s bridging document
on physician-assisted death
photo: istockphoto.com
T
he College has stepped in to provide physicians with interim guidance about their
obligations to patients as the federal and
provincial governments consider how they
will respond to the Carter decision as of the June 6th
deadline set by the Supreme Court of Canada.
“Given the void in legislative authority, we needed a
bridging document that provided guidance for physicians. We were unwilling to leave physicians and their
patients stranded for four months without direction on
an issue as complex as physician-assisted death,” said
Dr. Joel Kirsh, College President.
In the case of Carter v. Canada, the Supreme Court of
Canada (SCC) considered whether the criminal prohibition on physician-assisted death violated the Charter
rights of competent adults, who are suffering intolerably
from grievous and irremediable medical conditions,
and seek assistance in dying. The SCC unanimously
determined that an absolute prohibition on physicianassisted death does violate the Charter rights of these
individuals, and is unconstitutional.
The SCC suspended its decision for 12 months (until
February 6, 2016) to allow the federal government to
develop and pass legislation legalizing physician-assisted
death.
In December 2015, the federal government applied
to the SCC for an extension to allow it additional time
to develop a framework to govern the provision of
physician-assisted death in Canada. In response to this
request, the SCC granted a four-month extension. The
Carter decision will now come into effect on June 6,
2016.
The Court ruled, however, that during this fourmonth extension period, an individual who is suffering
Issue 1, 2016 Dialogue
9