CCBI News – MAiD Law Unchanged; Euthanasia: For MI Alone; Recommendations for Children; Access to Palliative Care

March 3, 2023

Dear Friends of CCBI,

Delay of Euthanasia Procedures Solely for Mental Disorders

As noted in last week’s NEWS, the Special Joint Committee on Medical Assistance in Dying presented its final report to the House and the Senate on Wednesday, February 15, 2023. Called “Medical Assistance in Dying in Canada: Choices for Canadians,” the Committee’s Report recommended a delay in implementing the law allowing euthanasia solely for mental disorders. The Justice Department agreed with the recommendations and has decided to delay implementation for another year, until March, 2024. It’s important to re-state that the law regarding these procedures has not been changed and is still on the statute books, as amended in 2021: rather, allowing euthanasia solely on account of having a mental disorder has been postponed until further consultations are held and more stringent recommendations are made and accepted.

Still, this is a good time for those who oppose euthanasia in all its forms, including allowing euthanasia solely for mental disorders, to contact the Justice Department, their MPs, the Health Minister or any other MP who might be convinced to work towards repeal, if not of all euthanasia legislation, then at least of this part.

It is clear that more and more people now have misgivings about euthanasia and the supposed safeguards against abuse of the procedures, and opponents of the legislation could capitalize on that factor. Last week we urged people to write letters and to sign two petitions that might make some headway. Here they are again, for your convenience.

For the provision of more accessible palliative care:

https://www.nooptionsnochoice.com/english/take-action

To support MP Ed Fast’s Private Member’s Bill C-314 to repeal the section allowing euthanasia procedures solely for mental disorders:

Petitions | Euthanasia Prevention Coalition (epcc.ca)

(With thanks for the latter to the Euthanasia Prevention Coalition (EPC))

Recommendation RE:Euthanasia for Children

The Special Joint Committee (see above) also recommended in its February Report that more time be given to study the possibility of euthanasia for what it calls ‘mature minors.’ The Report offers this definition of minor maturity: “… a common law doctrine according to which “an adolescent’s treatment wishes should be granted a degree of deference that is reflective of his or her evolving maturity.” This doctrine was endorsed by the Supreme Court of Canada in A.C. v. Manitoba Director of Child and Family Services. According to Bryan Salte, the discussion around the Council of Canadian Academies table was that “decisional capacity” is a much better term than “mature minors” because “mature minors”, as a legal term, is understood by lawyers and judges, but is not so clearly understood by members of the public.”

Many submissions to the Committee noted the absence of minors’ voices in the consultations, saying that, without consulting minors themselves, drafting legislation concerning them would be inherently lacking. Not surprisingly, the dearth of evidence led the Committee to make two major recommendations in this regard:

Recommendation 14

That the Government of Canada undertake consultations with minors on the topic of MAID, including minors with terminal illnesses, minors with disabilities, minors in the child welfare system and Indigenous minors, within five years of the tabling of this report.

Recommendation 15

That the Government of Canada provide funding through Health Canada and other relevant departments for research into the views and experiences of minors with respect to MAID, including minors with terminal illnesses, minors with disabilities, minors in the child welfare system and Indigenous minors, to be completed within five years of the tabling of this report.

The possibility, most likely probability, of euthanasia being allowed after the five-year consultation period is strong, but such a delay also provides an opportunity to continue to witness publicly to the wrongness of euthanasia in general, including the dangers of allowing it for ‘mature minors.’ For example, the Report states, coolly and levelly, that parents should be consulted ‘where appropriate,’ but the child’s wishes would take priority. (!)

In relegating parental consultation to a lower level than that of their child, society is turning the world upside down. In what other situation would a minor’s wishes over matters so serious take priority over parental consent? Such an approach must give most people pause – does it make sense in terms of what we know about minors? Are they capable of understanding long-term implications and possibilities regarding their own situation? Are they mainly autonomous in the legal sense or could they still be unduly influenced by others? Are they truly capable of self -determination? Neuroscience points to the fact that the human brain does not reach full maturity until we are in our mid-twenties. Do such factors have no bearing?

 We must call on legislators to respond to such questions. We must ask them to uphold the separate category of ‘minor’ that already exists in law (at least in nearly all systems), whereby a person is deemed such until reaching a legally recognized age of majority because he or she lacks, by virtue of age, stage of development and narrow experience, the capacity to make serious decisions, especially about life and death.

It is precisely because young persons are adolescent and NOT adults that they need and deserve society’s care and protection in all dimensions of life, and certainly not the offer of death by euthanasia at adult hands as a solution to being incapacitated by physical or mental illnesses, handicaps or disorders. 

AMAD – Home – House of Commons of Canada (parl.ca) Final Report of the Special Joint Committee on Medical Assistance in Dying
See also: Canada: Parliamentary Report Calls for Euthanasia To Be Expanded to Minors ━ The European Conservative

Pope Francis’ Intentions for March

For Victims of Abuse
We pray for those who have suffered harm from members of the Church; may they find within the Church herself a concrete response to their pain and suffering. We pray that parishes, placing communion at the centre, may increasingly become communities of faith, fraternity and welcome towards those most in need.

Moira and Bambi