B.C. family in assisted-dying court case calls Bill C-14 ‘dysfunctional’

Share

The family whose landmark case led to the legalization of assisted dying across Canada says proposed legislation is a "major stumble" that would have excluded their mother, the woman whose plight prompted the Supreme Court to order changes.

The family of Kay Carter is urging the Senate to amend the "dysfunctional" Bill C-14, which is still being debated past the court's June 6 deadline. Physician-assisted dying is now legal, meaning provinces – for the time being – have been left to move forward with the issue.

Ms. Carter's daughter, Lee Carter, said she felt "betrayed" by the federal government's proposed legislation.

"Where did the Liberal government go so terribly wrong?" Lee Carter said Monday at a news conference in Vancouver. "They have not listened to Canadian voices, to their own joint committee or even their own members of Parliament who have serious concerns about this bill. Justin Trudeau says he listens to Canadians, yet he and his team are not listening."

Lee Carter was a plaintiff in a Supreme Court case that established that people with "grievous and irremediable medical conditions" that cause enduring suffering have the right to end their lives with the help of a doctor. Her mother, Kay, suffered from spinal stenosis and in 2010 travelled to Switzerland from Canada to end her life.

As of this week, Kay Carter would have been able to request a physician-assisted death in British Columbia in accordance with interim standards governed by the top court ruling and the College of Physicians and Surgeons of B.C. However, critics say she would have been rejected under the Liberals' Bill C-14, because she is not terminally ill. The wait for federal legislation has created what federal Health Minister Jane Philpott called a "patchwork approach" to the contentious issue. In British Columbia, the Health and Justice ministries gave standards outlined by the college the weight of law and directed each of the province's regional health authorities to appoint a "co-ordinator for medical assistance in dying."

Price Carter, Kay Carter's son, said the proposed legislation discriminates on the basis of age, mental status and level of health, as it applies only to mentally competent adults over 18 who are in an "advance state of irreversible decline in capacity," and for whom "natural death has become reasonably foreseeable."

"If you ever find yourself spiralling toward the hideous but non-terminal condition, know that Bill C-14 will ensure that you are kept alive, to lengthen your suffering until you die naturally," he said.

Josh Paterson, executive director of the B.C. Civil Liberties Association, said the bill, if not amended, must be stopped.

"This bill, quite plainly, forgets what the Carter case is about," he said. "It wasn't just about helping people to die who have terminal illnesses; it was also about ensuring that people who are trapped in unimaginable suffering from non-terminal illnesses have a right to escape a lifetime of indefinite suffering."

Among interim rules set by the college, a person who wishes to receive medical assistance in dying must: have a grievous and irremediable medical condition that causes enduring suffering; be capable of making health decisions; and be at least 19 years of age. Ten days must pass between the patient's formal request and the day the service is provided, unless the physician believes the patient's death or loss of capacity to provide informed consent is imminent. The person need not have a terminal illness.

The co-ordinator for medical assistance in dying in each health authority will "help connect patients requesting information on assisted dying with a doctor who can provide guidance," said Kristy Anderson, a spokeswoman for B.C.'s Ministry of Health. That person will also help health-care providers "identify appropriate patient pathways, facilitate transfers and connect patients with willing providers."

Dr. Heidi Oetter, registrar and CEO of the college, acknowledged that the lack of federal legislation could lead to "potential barriers" to access. The Supreme Court decision does not extend to nurses and pharmacists, for example, which has led to uncertainty on their ability to assist in deaths.

"You'll notice in our standards that the pharmacist dispenses to the physician, rather than the patient," she said. "We put that in specifically as a potential workaround to perhaps give pharmacists more comfort that they are assisting the physician, who is clearly exempted from the Criminal Code provisions, as opposed to themselves."

The College of Pharmacists of B.C. said it is "not sufficiently clear" whether pharmacy technicians are protected from legal liability if they participate in the process and so the college is recommending they not participate at this time. Physicians who are hesitant to offer the service in the absence of federal legislation can contact the college, or the Canadian Medical Protective Association, for ethical, professional and legal advice, Dr. Oetter said.

Editor's note: A previous headline on this story incorrectly said the Carter family was involved in the first assisted suicide case in Canada. In fact, there was a previous court case focusing on assisted suicide involving Sue Rodriguez in the early 1990s. Ms. Kay travelled to Switzerland to end her life in 2010.