Dialogue Volume 12 Issue 1 2016 | Page 13

Feature as “irremediable” does not require the patient to exhaust all treatment options. According to the SCC, the patient is not required to undertake treatments that are unacceptable to them. photo: masterfile 3 What is meant by intolerable suffering? How do I determine whether the patient’s suffering is intolerable to them? According to the SCC to be eligible for physician-assisted death, individuals must experience enduring physical and/ or psychological suffering that is intolerable to them in the circumstances of their condition. This language signals that the determination of whether a patient’s suffering is intolerable is a subjective one, and is assessed from the patient’s perspective. The intolerable suffering experienced by the patient must be caused by the patient’s grievous and irremediable medical condition Communicating with the patient about their desire to pursue physician-assisted death, and engaging in regular dialogue about their personal experience managing their condition, will help the physician to understand the nature, extent, and persistence of suffering experienced by the patient. 4 Does the patient have to be capable when they request physician-assisted death, when they receive physicianassisted death, or both? The SCC specified that physician-assisted death is accessible only to “competent” adults. This means that patients who are eligible for physician-assisted death must have decisionmaking capacity. It is clear from the SCC’s ruling in Carter v. Canada that an individual must be capable when requesting physician-assisted death. What remains unclear, however, is whether the patient must retain capacity until physician-assisted death is provided. During this time of regulatory uncertainty, the College has elected to take a conservative approach in this regard. The College’s Interim Guidance indicates that patients must be capable both at the time of the request for physician-assisted death, and when physicianassisted death is provided. This requirement is in place to protect the patient’s right to rescind a request for physician-assisted death at any time. Further, it allows the physician Issue 1, 2016 Dialogue 13