Medical Assistance in Dying and ‘Suicide Tourism’ to Canada image

Journal of Ethics in Mental Health, July 31, 2016
Konstanin Tretyakov and I. Glenn Cohen (Faculty Director)

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Bill C-14 was introduced by the government of Canada in the aftermath of the Supreme Court’s decision which legalized physician-assisted dying in Canada. This article compares the Bill with the decision of the Supreme Court (Carter v. Canada (Attorney General)) and tracks some of the important ways that the proposed Bill departs from the Carter decision. The Article also explores the ways in which the regime proposed under the Bill is both more and less restrictive than the U.S. states that have adopted regimes for assistance in dying. The article also analyzes the approach the Bill has taken to exclude non-citizen non-residents from using assistance in dying in Canada and whether this exclusion is in tension with the spirit of Carter. Finally, the article examines potential constitutional challenges should the Bill become law.

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health law policy i. glenn cohen