We believe that the definitions of ‘ independence ’ are so stringent that they will effectively prevent many eligible patients from accessing MAiD |
Bill C-14 sets out some important parameters . It defines Medical Assistance in Dying ; it sets out eligibility criteria for MAiD ; it articulates safeguards for those who are seeking MAiD ; and it provides protections for providers of MAiD , and for those who support providers or patients throughout the MAiD process .
We told the Senate – as we had told the House of Commons in an earlier written submission – that we strongly support many aspects of the Bill , including its recognition of the collaborative nature of healthcare and the involvement of different types of health-care providers throughout the MAiD process . We explained that we do , however , have some areas of concern that centre on those provisions that we believe may negatively impact patient access to care .
One of our concerns is the definition of a ‘ grievous and irremediable medical condition ’, as set out in Bill C-14 . For instance , the definition requires that patients be in an ‘ advanced state of irreversible decline in capability ’. This implies that only patients with conditions that progressively worsen over time will be eligible for MAID . It would exclude conditions that cause ‘ enduring and intolerable suffering ’ but that do not advance in a progressive manner .
The definition also requires that death be ‘ reasonably foreseeable ’. This appears to signal that patients must be close to death before they can request or receive MAiD . This
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would exclude patients who may have non-terminal conditions that are otherwise ‘ serious , and incurable ’ and which cause ‘ enduring and intolerable suffering ’.
We voiced a number of other concerns that we believe have the effect of narrowing the criteria for MAiD , as set out in the Carter decision and that would otherwise impede patient access to MAiD .
While we support the principle that the process which governs the requests for and provision of MAiD needs to be rigorous , we believe that the definitions of ‘ independence ’ are so stringent that they will effectively prevent many eligible patients from accessing MAiD . Regarding witnesses , for example , some patients who would otherwise be eligible for MAiD will not be able to find two individuals outside their family , caregivers or health-care providers to act as independent witnesses , as required by Bill C-14 . For some patients , the very condition that has led them to seek access to MAiD will have resulted in their isolation and loss of access to broader circles of support .
For a more complete explanation of our concerns , I urge you to read our full submissions to the Senate online , available from our homepage .
In the meantime , we will continue to provide the most up-to-date information to you on our website . MD
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photo : istockphoto . com |