“We Should Not Lightly Assume”: A Review of Legislative, Regulatory and Jurisprudential Developments of MAID Safeguards [Book Review]

In Jaro Kotalik & David Shannon (eds.), Medical Assistance in Dying (MAID) in Canada: Key Multidisciplinary Perspectives. Springer Verlag. pp. 69-84 (2023)
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Abstract

In the Supreme CourtSupreme Court of Canada of CanadaCanadadecision of Carter v. CanadaCarter v. Canada (Attorney General) 2015, the Court approved medical assistance in dying on a limited basis. Central to the limitation was what the Supreme CourtSupreme Court of Canada termed “a well-regulated regime”. As a response to this decision, the government of Canada amended the Criminal CodeCriminal Code of Canada in 2016 with Bill C-14Bill C-14. It was further amended with Bill C-7Bill C-7, which received Royal assent in March 2021. Healthcare and the implementation of its operations falls within provincial and territorial jurisdictionJurisdiction. As a result, the federal government, as well as each province and territory has been required to provide a MAID regulatory regime. To a greater and lesser extent, this has begun. This paper will provide an overview of regulatory measures, guidelines, and safeguards arising from the Carter decision. It will also consider whether the objectives articulated by the Supreme CourtSupreme Court of Canadaof CanadaSupreme Court of Canada are being met by the federal and provincial legislatures in Canada, and whether they reflect sound public policy.

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From a Court Judgement to Federal Law.Travis Dumsday - 2023 - In Jaro Kotalik & David Shannon (eds.), Medical Assistance in Dying (MAID) in Canada: Key Multidisciplinary Perspectives. Springer Verlag. pp. 55143787-67175794.

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