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Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations
Author(s) -
Ricarda M Konder,
Timothy Christie
Publication year - 2019
Publication title -
healthcare policy
Language(s) - English
Resource type - Journals
eISSN - 1715-6580
pISSN - 1715-6572
DOI - 10.12927/hcpol.2019.26073
Subject(s) - autonomy , charter , legislation , balance (ability) , political science , personal autonomy , law , psychology , neuroscience
Canadian medical assistance in dying (MAiD) legislation was introduced in 2016. Although Bill C-14 attempted to balance patient autonomy and the protection of the vulnerable, recent court challenges suggest that an ideal balance has not been achieved. Numerous advocacy initiatives as well as a parliamentary review currently focus on three specific populations: mature minors, patients requesting MAiD via an advance directive and patients with a mental illness as the sole underlying condition. This article approaches these issues from an ethical and legal lens. We first outline a policy review on existing MAiD legislation in 11 jurisdictions. We then use the Oakes test (a critical assessment tool in the Carter v Canada case) to determine whether the restrictions on the three above-mentioned groups are consistent with the Canadian Charter of Rights and Freedoms. Finally, we consult our literature review to propose reasonable solutions that would be more consistent with the Charter.

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