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Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations
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 parli...
Autores principales: | , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Longwoods Publishing
2019
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7020802/ https://www.ncbi.nlm.nih.gov/pubmed/32077843 http://dx.doi.org/10.12927/hcpol.2019.26073 |
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author | Konder, Ricarda M. Christie, Timothy |
author_facet | Konder, Ricarda M. Christie, Timothy |
author_sort | Konder, Ricarda M. |
collection | PubMed |
description | 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. |
format | Online Article Text |
id | pubmed-7020802 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2019 |
publisher | Longwoods Publishing |
record_format | MEDLINE/PubMed |
spelling | pubmed-70208022020-11-01 Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations Konder, Ricarda M. Christie, Timothy Healthc Policy Research Paper 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. Longwoods Publishing 2019-11 /pmc/articles/PMC7020802/ /pubmed/32077843 http://dx.doi.org/10.12927/hcpol.2019.26073 Text en Copyright © 2019 Longwoods Publishing http://creativecommons.org/licenses/by-nc/4.0/ This is an open-access article distributed under the terms of the Creative Commons Attribution-Non Commercial 4.0 License, which permits rights to copy and redistribute the work for non-commercial purposes only, provided the original work is given proper attribution. |
spellingShingle | Research Paper Konder, Ricarda M. Christie, Timothy Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations |
title | Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations |
title_full | Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations |
title_fullStr | Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations |
title_full_unstemmed | Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations |
title_short | Medical Assistance in Dying (MAiD) in Canada: A Critical Analysis of the Exclusion of Vulnerable Populations |
title_sort | medical assistance in dying (maid) in canada: a critical analysis of the exclusion of vulnerable populations |
topic | Research Paper |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7020802/ https://www.ncbi.nlm.nih.gov/pubmed/32077843 http://dx.doi.org/10.12927/hcpol.2019.26073 |
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