Further to the VCH News article on May 12, effective June 6 the ‘Carter’ decision of the Supreme Court of Canada comes into full effect. The Criminal Code provisions concerning assistance in dying are officially no longer in effect to the extent that they prohibit physician-assisted death for a competent adult person who:

• clearly consents to the termination of life; and
• has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.

What happens on June 6?

The Federal Government has introduced – but has not yet confirmed – legislation (Bill C-14) to more clearly specify the conditions under which medical assistance in dying may proceed. The proposed legislation also sets out to clarify that pharmacists and others aiding the practitioner – or individuals aiding the patient with self-administration – would be exempted from criminal prosecution. This legislation is almost certain to not be in force by June 6 and so the Carter decision criteria form the law, unfortunately without the clarity about the involvement of others. In the meantime staff is encouraged to address requests by providing basic information (see this link) and, for further guidance, to contact the VCH information line for medical assistance in dying: maid@vch.ca or 1-844-550-5556.

VCH policy

Thanks to the VCH working group and in collaboration with the Ministry of Health, the other health care organizations, and the Colleges of Physicians and Surgeons, Registered Nurses, and Pharmacy, VCH has is in place an interim framework of process and guidance to support staff to sensitively address patient’s requests. The VCH policy has been approved in principle by the Senior Executive Team, pending comment by the Health Authority Medical Advisory Committee, striving for balance respecting patient autonomy, safeguards, and conscience rights of providers.

More information

Along with links to the Colleges’ guidance, the policy, process guidance, information for requestors, and advice for staff on how to respond to requests for information can all be found on VCH Connect.

Input or questions?

Your input is welcome. Please direct suggestions and questions to maid@vch.ca; 1-844-550-5556.