New book from LexisNexis Canada features 13 articles from leading academics and practitioners examining the social, ethical and legal implications of the Carter decision.
Christian Legal Fellowship is very pleased to announce the publication of a new book edited by CLF's Derek B.M. Ross: Assisted Death: Legal, Social and Ethical Issues after Carter
The collection originates from a Symposium on the Supreme Court’s decisions in Carter v. Canada hosted by Christian Legal Fellowship and sponsored by LexisNexis Canada in September 2017. The Symposium was attended by delegates from across Canada representing numerous law faculties and professional disciplines, including law, medicine, social work, and dietetics.
Physician-assisted dying, or “medical assistance in dying” (MAiD), as it is now known, was decriminalized in certain circumstances as a result of the Supreme Court of Canada’s 2015 decision in Carter v. Canada (Attorney General) and implemented through Bill C-14 in 2016. This timely collection of 13 papers—developed out of CLF's 2017 Academic Symposium featuring leading experts and on constitutional, health, and human rights law—examines the social, ethical and legal implications of the Carter I and Carter II decisions and offers meaningful reflections to the many perplexing questions currently being asked about MAiD.
As issues surrounding law, health, religion, and conscience continue to intersect, it is our hope that this text will provide a thoughtful resource. As Derek Ross explains in the preface to the book:
PART I: CARTER'S IMPACT ON CANADIAN LEGAL DOCTRINE
Carter: A Stain on Canadian Jurisprudence?
Dr. John Keown
Carter and the Unsettling of Stare Decisis
Prof. Dwight Newman
The "Basic Bedford Rule" and Substantive Review of Criminal Law Prohibitions Under Section 7 of the Charter
PART II: CHARTER IMPLICATIONS FOR HEALTH CARE PROFESSIONALS AND INSTITUTIONS
Conscientious Objections to Medical Aid in Dying: Considering How to Manage Claims of Conscience in a Pluralistic Society
Prof. Mary Anne Waldron, Q.C.
The Call in Carter to Interpret Freedom of Conscience
Autonomy, Complicity, and Conscience: Charter Implications of the ‘Duty to Refer' for Physician-Assisted Suicide
Derek B.M. Ross
The Right of Religious Hospitals to Refuse Physician-assisted Suicide
Barry W. Bussey
PART III: THE FUTURE OF PALLIATIVE CARE IN CANADA AND SAFEGUARDS MOVING FORWARD
Endgame: Philosophical, Clinical and Legal Distinctions Between Palliative Care and Termination of Life
Prof. Mary J. Shariff & Mark Gingerich
Establishing the Right to Palliative Care in Canada
David Baker & Geoff Cross
The Way Forward for Medical Aid in Dying: Protecting Deliberative Autonomy is Not Enough
Prof. Jonas-Sébastien Beaudry
PART IV: CHARTER DIALOGUE AND THE CONSTITUTIONALITY OF CANADA'S MAID LEGISLATION
Dialogue on Death: Parliament and the Courts on Medically-Assisted Dying
Dr. Thomas M.J. Bateman & Matthew LeBlanc
Constitutional Aspects of Canada's New Medically-Assisted Dying Law
Prof. Hamish Stewart
Charter Scrutiny of Canada's MAiD Law and the Shifting Belgian and Dutch Euthanasia Landscape
Prof. Trudo Lemmens