Submission to Canadian Regulatory Authorities and Ministers of Health
Re: Health Canada's Model Practice Standard for Medical Assistance in Dying (MAID) (March, 2023)
Appendix “A”
Comparison of Carter exemption criteria, Criminal Code and Standard
Full Text
Note: The Standard replicates the Criminal Code provisions verbatim at 9.1.5 and 9.4.2 and elsewhere. Only explanatory comments are referenced below.
Carter SCC, para. 127
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Criminal Code, s. 241.1(2)
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Gloss by Standard etc.
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grievous
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a) serious
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irremediable
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a) incurable
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No available reasonable treatments as determined jointly by practitioner and patient.97
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medical condition
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including illness, disease or disability (emphasis added)
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a) illness, disease, disability
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Mental disorder includes “neurocognitive or neurodevelopmental disorders” e.g., “dementias, autism, spectrum disorders, or intellectual disabilities.”98
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b) advanced state
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Severe.99
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b) of irreversible
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No available reasonable interventions as determined jointly by practitioner and patient.100
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b) decline
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Reduction.101
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b) of capability
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Functioning, ability to undertake personally meaningful activities. Standard, supra note 1 at 9.6.2102
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that causes
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c) the illness, disease or disability or state of decline causes illness, disease or disability or state of decline causes
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Illness, disease or disability or state of decline causes.103
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enduring
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c) enduring
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Consistent over time.104
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suffering
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c) physical or psychological suffering
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All dimensions of physical, psychological, social, existential suffering.105
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that is intolerable to the person
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c) that is intolerable to the person
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Must respect subjectivity of suffering.106
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c) that cannot be relieved under conditions they consider acceptable
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No available reasonable interventions as determined jointly by practitioner and patient.107
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Notes
97. Standard, supra note 1 at 9.5.2; Advice, supra note 2 at at 4: question 3(a).
98. Advice, supra note 2 at 23 (Mental disorder).
99. Standard, supra note 1 at 9.6.3; Advice, supra note 2 at 5: question 4.
100. Advice, supra note 2 at 5: question 4.
101. Standard, supra note 1 at 9.6.3; Advice, supra note 2 at 5: question 4.
102. Advice, supra note 2 at 5: question 4.
103. Standard, supra note 1 at 9.7.2(c).
104. Ibid at 9.7.2(b).
105. Ibid at 9.7.2(a).
106. Ibid at 9.7.2(e).
107. Ibid at 9.6.4.