1 Québec`s Euthanasia Bill 52 Must be Stopped carter case

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