N u m b e r 147 J A N 2014 Québec’s Euthanasia Bill 52 Must be Stopped On February 11, 2014, the Québec National Assembly will resume proceedings. Soon after, they will vote on Bill 52, a bill that would decriminalize euthanasia under the guise of “medical aid in dying.” • Bill 52 gives Québec doctors the right to lethally inject their patients when they are experiencing physical or psychological suffering. • Bill 52 is not limited to terminally ill people. The bill states that a person must have “a grave and incurable illness.” Many people who are not terminally ill live with a grave and incurable illness. • Bill 52 targets people with disabilities. The bill states that a person must have “an advanced and irreversible decline of function.” Many people with disabilities fit this criteria. • Euthanasia is defined as homicide (murder) in the federal Criminal Code. • Bill 52 defines killing by euthanasia as a form of medical treatment. • Bill 52 defines “medical aid in dying” (euthanasia) as a part of end-of-life care. • Bill 52 creates a right to end-of-life care. Since euthanasia is defined as part of end-of-life care, the bill therefore creates a right to euthanasia. • Bill 52 affects every Canadian by allowing euthanasia tourism. Québec’s Bill 52 must be stopped. Urge the Hon. Peter MacKay to equally protect every Canadian from euthanasia by writing to: 284 Wellington St., Ottawa, ON, K1A 0H8 or email: [email protected] Also state that you oppose Bill 52 by contacting: Bertrand St-Arnaud, Québec’s Minister of Justice and Attorney General at: [email protected] and Dr Réjean Hébert, Québec’s Minister of Health & Social Services at: [email protected] Sign the petition at: http://www.citizengo.org/en/1476-stop-bill-52 carter case The Euthanasia Prevention Coalition (EPC) has prepared its application to the Supreme Court of Canada to intervene in the Carter case, a case that seeks to decriminalize euthanasia and assisted suicide in Canada. Legal costs for preparing our Supreme Court intervention in the Carter case and the cost for preparing our arguments for the Supreme Court, to decide not to hear the Carter case, are currently more than $20,000. At the same time, EPC submitted a detailed affidavit explaining why the Supreme Court of Canada should not hear the Carter case. The Supreme Court has not established a time-line concerning the Carter case yet. 1 The President of France will face strong opposition to euthanasia A panel of French citizens recently recommended that France’s government legalize assisted suicide and euthanasia. The panel of 18 French citizens were chosen by a commercial polling firm to examine the issues of euthanasia and assisted suicide. The recommendations from the panel of French citizens are very similar to Québec’s Bill 52. The decision of the panel of citizens supports the campaign promise made by French President François Hollande during the last election, but it contradicts the position of France’s official Comité Consultatif National d’Ethique (CCNE). In December 2012, the CCNE in France examined the issues of euthanasia and assisted suicide and conIn January 2012, national polling in France found that cluded that assisted suicide may be legalized but eutha- the majority of the French people wanted improvements nasia must not be legalized. The CCNE report stated that to palliative care rather than legalization of euthanasia. euthanasia is: Over the past few years, a strong opposition to eutha““a radical medical gesture” that crossed “a forbid- nasia and assisted suicide has been built with several of den barrier” – and was both impractical and immoral”” the leaders of this group becoming active in EPC - Europe. On July 1, 2013, the CCNE rejected the legalization There have also been several very successful rallies of Swiss style assisted suicide. President Hollande re- opposing euthanasia in France. sponded to the CCNE recommendation by stating he would legalize assisted suicide anyway. President Hollande will face significant opposition to the legalization of euthanasia and we predict that he will The French Senate defeated an euthanasia bill in Janu- be politically forced to back-off from his plans. ary 2011 by 170 to 142. Amnesty International UK supports assisted suicide First National Symposium on assisted suicide (USA) Amnesty International UK recently sent out with their The First National Symposium (USA) on Assisted Suimailing a leaflet promoting an assisted suicide lobby cide will be held May 2 - 3, 2014 at the Ramada Plaza group in the UK. Hotel in Minneapolis. The symposium features national and international experts on euthanasia and assisted suiAlice Maynard, a member of the disability rights cide. The symposium will provide up-to-date informagroup Not Dead Yet UK, has reluctantly stopped donat- tion and training for people to effectively oppose assisted ing to Amnesty International based on their support for suicide in your state. assisted suicide. Speakers include: Bobby Schindler (Life & Hope NetMaynard indicated that she supports many of Amnesty work), John Kelly (Not Dead Yet), Nancy Elliott (New International projects but cannot donate to them anymore. Hampshire), Alex Schadenberg (Euthanasia Prevention Coalition), Ryan Verret (Louisiana), Mark Pickup (HuIf you are a supporter of Amnesty International, con- man Life Matters), Julie Grimstad and more. tact them and ask them to oppose all forms of government approved killing, including assisted suicide. More information will be available soon. 2 Euthanasia Prevention Coalition Newsletter – 147 – JAN 2014 USA UPDATE This spring, many USA states will be facing legislative or court initiatives to legalize assisted suicide. The main reason for EPC to promote the upcoming First National Symposium on Assisted suicide on May 2 – 3, 2014 in Minneapolis is that we recognize the nead to educate more leaders to build a stronger opposition to assisted suicide in every state. New Jersey In New Jersey, assisted suicide Bills (A3328/S2259) are being debated. New Jersey Governor, Chris Christie, recently stated that he opposes the New Jersey assisted suicide bill that is sponsored by Assemblyman Burzichelli. New Mexico In Massachusetts, hearings for a new assisted suicide bill (HB 1998) were held on December 17. HB 1998 is sponsored by state Representative Louis Kafka (D). The issue of assisted suicide was on the Massachusetts’ ballot in the Nov 2012 election. The Massachusetts’ voters rejected assisted suicide (Question 2) by a 51% to 49% margin. John Kelly, the director of the disability group Second Thoughts, organized a strong opposition to HB 1998 at the committee hearing. People with disabilities came out, even though the weather that day made it nearly impossible for wheelchair access. The assisted suicide lobby is committed to legalizing assisted suicide in Massachusetts this year. HB 1998 should be defeated in committee. The people of Massachusetts voted and rejected assisted suicide in 2012. In Montana, a court case was heard on December 11. The Montanans Against Assisted Suicide (MAAS) asked the court to strike down a policy position of the Montana Board of Medical Examiners that implied that assisted suicide is legal in Montana. Christie’s opposition to state sanctioned suicide will hopefully cause a natural death for Burzichelli’s assisted suicide bill. We are aware that several states will be debating assisted suicide legislation in 2014. Massachusetts Montana A New Mexico court heard the case Morris v. New Mexico on December 12 - 13, a case that seeks to legalize assisted suicide in New Mexico based on a word game. Similar to the 2010 Blick v Connecticut case, that was dismissed by the Connecticut court, the New Mexico case claims that “aid in dying”, which is also known as assisted suicide, is not prohibited by New Mexico’s assisted suicide law because “aid in dying” is not assisted suicide. The case argues that if “aid in dying” is assisted suicide, then the New Mexico assisted suicide law is unconstitutional because it undermines the right to privacy and autonomy. The MAAS argued that the Montana Supreme Court did not legalize assisted suicide in its 2009 Baxter decision. The group also argued that the board implemented its new rule without sufficient public notice. On December 13, District Court Judge Mike Menehan dismissed the appeal based on the fact that the Montana Board of Medical Examiners decided to withdraw its assisted suicide policy. The judge did address the Baxter assisted suicide decision. Americans need to become more active in opposing the threat of assisted suicide on a state by state basis. Even though polls indicate that more Americans oppose assisted suicide than support it, very few Americans are aware of the push by the assisted suicide lobby in America. New Hampshire “Aid in dying” is assisted suicide and assisted suicide does not constitute medical treatment. Therefore prohibiting assisted suicide does not undermine the right to privacy or autonomy. New Hampshire will once again debate a bill to legalize assisted suicide. New Hampshire has debated assisted suicide nearly every year for the past 5 years. Similar to the Connecticut case, Morris v. New Mexico should be dismissed. The New Hampshire legislature has defeated assisted suicide bills many times. They need to defeat the bill this year again. Euthanasia Prevention Coalition Newsletter – 147 – JAN 2014 3 Harry Lamb Place Your Ad Here Michael A. Menear, Lawyer Sales Representative Sutton Group Preferred Realty Call Our Office Reach Our Readers Menear, Worrad and Associates London ON • 519-471-8888 London ON • 1-877-439-3348 The Bentley Feeding Case The Euthanasia Prevention Coalition (EPC) intervened in the Bentley case in a BC Court on Dec 19. American bio-ethicist, Wesley Smith, recently stated that the Bentley case is the most important court case because it will determine whether people who have lost their capacity to make personal care decisions will have the right to be fed. The Bentley case concerns the question of whether normal feeding is medical treatment. 100 Fullarton Street London, Ontario • 519-672-7370 Woman pleads guilty to assisted suicide in Alberta Linda McNall, an American, pled guilty in a Stony Plain Alberta court in the assisted suicide death of her mother, Shirley Vann, who died in May 2013. Vann, who previously had colon cancer and suffered other health issues as a result of surgery, was determined to be cancer free in the autopsy. Whatever the judge decides, McNall will be deported back to the U.S. A doctor has also recommended she be transferred to a hospital there to receive treatment for depression. McNall will be sentenced on January 7, 2014. Hassan Rasouli is moving The Bentley family asked the nursing home to stop feeding Margaret by spoon because she has dementia. The nursing home stated that they are legally obligated to normally feed Margaret because: they are simply providing the necessaries of life, she is willingly being fed and she continues to effectively swallow. This is an issue of normal care and not medical treatment. Hassan Rasouli, the man who was at the centre of the Supreme Court of Canada ruling that decided that doctors were required to obtain consent before withdrawing life-sustaining medical treatment, will be moved from Sunnybrook Health Sciences Centre to the Toronto West Park Healthcare Centre. Doctors at Sunnybrook argued that they were not required to obtain consent before withdrawing the ventilator. The Bentley family asked the court to define normal feeding as medical treatment in order to enable them to withdraw feeding. The Euthanasia Prevention Coalition successfully intervened in the Rasouli case at the Ontario Court of Appeal and at the Supreme Court of Canada. EPC provided the court with policies and definitions from around the world, proving that normal feeding is defined as basic care and not medical treatment everywhere. Basic care is considered obligatory in all common law countries. order pins! If the BC Court defines normal feeding as medical treatment, people who have been granted power of attorney for personal care over an incompetent person will be able to withdraw normal feeding, leading to death by dehydration/starvation. The EPC intervention in the Bentley case has currently resulted in more than $20,000 in legal expenses. EPC is now waiting for a decision in this case. 4 1-inch EPC “Caring Not Killing” Pins with our logo are now available for $3.00 each or 2 pins for $5.00. Bulk orders available on request. CARING NOT KILLING 1-877-439-3348 [email protected] Euthanasia Prevention Coalition
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