Assisted Death: Legal, Social and Ethical Issues after Carter

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Assisted Death: Legal, Social and Ethical Issues after Carter

100.00


General Editor:
Derek B.M. Ross

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 articles—developed out of a national 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.

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WHAT'S INSIDE:

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
    John Sikkema

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
    Brian Bird
  • 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