Medically Assisted Euthanasia

The Case for the Right to Die

A. Wesome Student
CLU3M
Mr Selluski
April 7, 2014

The issue of medically assisted suicide has once again raised its head in
Canadian politics, with the Supreme Court formulating a ruling where they will decide
whether current laws prohibiting euthanasia are a violation of the Canadian Charter of
Rights and Freedoms. This means terminally ill Canadians may very soon have the
right to physician-assisted suicide. Euthanasia should be fully legalized, to ensure the
dignity of Canadas most vulnerable population, and the families who desire to see
them pass away in peace. This is made evident by a clear legal basis for euthanasia, a
humane obligation to prevent suffering, and legal euthanasias successful history
outside Canada. From this, it can be decisively concluded that medically assisted
suicide should be legalized.
Euthanasia is certainly a very divisive issue. Opponents have valid concerns
pertaining to its legality and ethical basis. Some raise the point that euthanasia is a
slippery slope, and could eventually lead to the deaths of people who dont desire it.
There is belief that medically assisted suicide might eventually evolve into a program
of sterilization and eugenics, similar to the policies of Nazi Germany. (Batley) A
common argument is that instead of euthanizing the ill, we should focus all available
resources on improving the quality of palliative care. (Catholic News Agency) Many
supporters of the anti-euthanasia movement believe it is a violation of the Hippocratic
oath and the basic sanctity of life. (Minnesota Citizens Concerned For Life) From these
arguments, it is clear opponents of doctor assisted suicide are genuinely acting in
what they feel is the best interests of the terminally ill. However, these arguments do
not outweigh the basic freedom that individuals should possess over their own lives,
and therefore it is still fundamentally true that euthanasia should be legalized.
When taking into account Canadas constitutional framework, it is obvious that
physician assisted suicide is a basic right within the C.C.R.F. Section 7 guarantees a
right to life, liberty, and security of person. According to Canadian S.C. Justice Cory
Dying is an integral part of living and, as a part of life, is entitled to the protection of s.
7. (Rodriguez v. British Columbia) This establishes from a well-qualified source that
the right to euthanasia has a constitutional basis. In addition, S. 241b of the criminal
code is a violation of Canadians S.15 rights, where it forbids discrimination on the
basis of mental or physical disability. Since parliament legalized suicide in 1972,
able-bodied people have the right to take their own life. (CBC News) However, in the
case of individuals with severe health issues, which make them physically incapable of
taking their own life, the choice to contact a medical professional who will assist them
with dying has been criminalized. This clearly is a case of the government putting an
undue burden on the disabled populace. In the words of Chief Justice Lamer in
Rodriguez v. British Columbia, s. 241(b) creates an inequality in that it prevents
persons who are or will become incapable of committing suicide without assistance
from choosing that option in accordance with law, whereas those capable of ending
their lives unassisted may decide to commit suicide in Canada without contravening
the law. (Smith) It is discriminatory to withhold rights from the ill that the healthy

have access to. As the charter represents the spirit of fundamental justice in our legal
system, it acts as definite proof that euthanasia should be legalized.
Medically assisted suicide should be legalized due to an ethical obligation to
prevent human suffering. The physical agony of the terminally ill is difficult to
imagine. Take the case of Donald Low, the gifted microbiologist who guided Canada
through the SARS crisis in 2003. Donald was diagnosed with a brain tumor in 2013. On
his right to die, he said Im not afraid of dying; I could make that decision tomorrow. I
just dont want it to be a long, protracted-out process where Im unable to carry out
my normal bodily functions and talk with my family and enjoy the last few days of my
life. (Mcdiarmid) Forcing individuals to needlessly experience a final few days of
agony constitutes cruel treatment, and therefore society has an ethical duty to allow
individuals to end their own suffering. Furthermore, the current legislation puts
undue hardship on those who continue living after the deceased pass away. The cost
of paying for end of life treatment is an extreme financial burden, averaging out to
$39000. (Wang) In 40% of cases, this exceeded the familys economic assets. (Wang) It
puts the families of the ill in an economic vice to pay for hospitalizations and
treatments that are just delaying the inevitable. The dying dont want to be a burden
upon their family members, and our current system merely puts an additional
hardship onto the loved ones who have already gone through a tragic experience.
Therefore, for the simple reason of human decency and compassion, we must legalize
euthanasia to minimize human suffering.
Other nations who have legalized euthanasia have encountered success and
public support; as it has worked in other cultures, it can be seen that program will be
successful in Canada, and therefore should be legalized. For instance, a common
argument against euthanasia has been that its a slippery slope, and will eventually
lead to the deaths of individuals who are not terminally ill. However, a study from the
Netherlands contradicts this; in 86 % of cases, death was shortened by only a couple
of days, and the patients were suffering unbearably. Furthermore, the same study
indicates in 99.2% of cases, death was at the explicit request of the individual,
showing that doctors are not forcing death upon patients, as some have claimed will
occur. (National Institutes of Health) Some argue euthanasia will allow children to kill
their elderly parents to hasten an inheritance. Foreign examples disprove this. For
instance, in the state of Oregon, a system of regulations exist where doctors must
physically and mentally examine patients to determine if they are capable of choosing
to die, and the decision lies entirely between the doctor and patient (Death With
Dignity National Centre). In other words, proper regulation minimizes abuse and
prevents the potential negative outcomes that have been described. In conclusion,
other nations have proven the positive outcomes of euthanasia, and therefore legal
medically assisted will also work in Canada.
It is clear Canada should legalize euthanasia. Based on the rights and freedoms
of the Charter, the human obligation to prevent suffering, and an established record of
successful euthanasia in other countries, it is the best course of action. Obviously, the
need to end a human life should never be celebrated or enjoyed. But in the tragic case
of an illness, the conservation of dignity should be a right afforded to every human

being. To criminalize the only real choice left to a sick individual is to take away the
one freedom they still enjoy. In conclusion, the Supreme Court should find S 241b of
the criminal code unconstitutional, and strike it down.
Bibliography
Batley, Melanie. "Forbes: Child Euthanasia Proposals Akin to Nazi Eugenics."
Newsmax. http://www.newsmax.com/Newsfront/hitlercare-forbeseuthanasia-belgium/2014/01/06/id/545440/ (accessed April 6, 2014).
Catholic News Agency. "Alternates To Euthanasia." Catholic News Agency.
http://www.catholicnewsagency.com/resources/life-andfamily/euthanasia-and-assisted-suicide/alternatives-to-euthanasia/
(accessed April 6, 2014).
Death With Dignity National Centre. "Death with Dignity: the Laws & How to
Access Them." Death with Dignity National Center.
http://www.deathwithdignity.org/access-acts (accessed April 7, 2014).
CBC News. "The fight for the right to die." CBCnews.
http://www.cbc.ca/news/canada/the-fight-for-the-right-to-die1.809224 (accessed April 6, 2014).
Mcdiarmid, Jessica. "Dr. Donald Low, face of the SARS crisis, pleads for
dying with dignity'." thestar.com.
http://www.thestar.com/news/gta/2013/09/24/dr_donald_low_face_of
_the_sars_crisis_pleads_for_dying_with_dignity.html (accessed April
6, 2014).
Minnesota Citizens Concerned For Life. "Euthanasia and assisted suicide."
Euthanasia and Assisted Suicide. http://www.mccl.org/euthanasiaand-assisted-suicide.html (accessed April 5, 2014).
National Institutes of Health. "Life-terminating acts without the explicit
request of patient." National Center for Biotechnology Information.
http://www.ncbi.nlm.nih.gov/pubmed/8098087 (accessed April 6,
2014).
Rodriguez v. British Columbia. "Supreme Court Judgments." SCC Cases
(Lexum) - Rodriguez v. British Columbia (Attorney General).
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1054/index.do
(accessed April 3, 2014).
Smith, Margaret. "The Rodriguez Case: A Review of the Supreme Court of
Canada Decision on Assisted Suicide (BP349e)." Publications.
http://publications.gc.ca/Collection-R/LoPBdP/BP/bp349e.htm#B.%20Chief%20Justice%20Lamer(txt) (accessed April 6,
2014).

Wang, Penelope. "Cutting the high cost of end-of-life care." CNNMoney.

http://money.cnn.com/2012/12/11/pf/end-of-life-care-duplicate2.moneymag/index.html (accessed April 6, 2014).