Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Tuesday, March 1, 2016

Doctor-assisted death: some more thoughts

It would almost seem as if physician-assisted dying has gone too far in Canada.  The recent Supreme Court ruling expects Parliament to put in writing what doctors have been doing all along, quietly in the most hopeless cases, where the patient’s condition is terminal and when suffering is great.  Our doctors are already known to “pull the plug” and stop the IV, with family consultation; and they abide by “living wills”. Now they are legally obliged to break with their ethics as found in the Hippocratic Oath: if said Doctor Y is disinclined to issue the fatal dose, now decriminalized, he must recommend Doctor Death, the one who will.  If a Catholic Hospital (such as St. Paul’s in Vancouver) has a suffering patient who wishes to die by assisted death, he or she will likely have to be transferred to a hospital that “specializes” in such forms of dying.  Where’s the dignity in that?

Do all hospitals, by virtue of the fact that they are publicly funded, at least in part, have to comply with assisted death?[1]  Is this not public intolerance of private morality and conscience? Just because it’s 2016 does it mean that individual choice should trump medical ethics? Can you imagine the toll over time placed on the doctors who dispense with death?  If one is already a number in the medical system what will it be when your number’s up? One also wonders what ethical grounding our young students entering medical school will now get.  Does one take a course on physician-assisted dying? Will it prevent people from becoming doctors? Will it prevent doctors from remaining in the medical profession? And as if that is not enough, now broader access to dying is being put forth.

A joint Commons-Senate committee has reported that people with mental illnesses or psychiatric conditions should have the right to Doctor-Assisted Death.  Dying with dignity is considered so important now that it trumps efforts toward life with dignity.  Is it not possible that the mentally ill would be less depressed if they were not reduced to poverty, that they would feel better about themselves if they could find regular employment, or if they had meaningful relationships.  Mental illness is not just about the right pill for the brain (which could come presumably at any time); treatment is also psycho-social, meaning there is a right to a life, too.  For the mentally ill the escape clause has always been suicide – now it’s becoming legal?

The same Parliamentary committee also urges that “mature minors” be allowed access to physician-assisted dying.  It’s the first time I have heard the term “mature minor”, and it sounds to me like a typical political oxymoron pushing the boundaries of common sense. Maybe there are not enough parents with teenage offspring on the committee? Not old enough to drink, drive, or get married minors who face terminal illness are now considered “mature” enough to decide on the means of their own demise.  The Committee has opened up this possibility for “mature minors” because it thinks the Supreme Court would legislate in favour of this anyway, following the Canadian Charter of Right and Freedoms.   I say: let the Supreme Court decide this – not Parliament without any meaningful test case, if one ever arises.   Instead of enhancing an individual’s right to choose I wonder if we are not now over-legislating death, which, as we all know, is a part of life.




[1] Raphael Girard, Letter to the Editor, Globe and Mail, February 29, 2016, p. A10

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