NDP MP Chris Axworthy (Saskatoon-Clark’s Crossing) has introduced a Private Member’s Bill to “legalize the administration of euthanasia under certain conditions to persons who request it and are suffering from an irremediable condition.” Bill C-261, which received First Reading in the House of Commons on June 19, would amend the Criminal Code to make it lawful for a qualified medical practitioner who has received a copy of a valid “euthanasia certificate” to “administer euthanasia to the applicant in respect of whom the certificate was issued.”
The bill provides for a government appointed “referee in euthanasia” to whom a person suffering from an “incurable illness, disease or impairment” could apply for a “euthanasia certificate.” The application must be signed by two witnesses who are not related to the person nor beneficiaries of his will. It must be accompanied by medical certificates signed by the person’s attending physician, and another specially qualified medical practitioner documenting the condition of the person. If the person is under eighteen years of age the application for euthanasia must also be accompanied by the written consent of parents or guardians.
Upon receipt of the application the “referee in euthanasia” shall personally interview the applicant and the medical practitioners who signed the medical certificates within five days of receiving the application. If the referee is satisfied that the person understands the nature and purpose of the euthanasia application, and has made the application freely, the referee will issue the “euthanasia certificate.” If the referee refuses to issue the certificate, he must state his reasons in writing, and the matter will be reviewed y the Attorney General of Canada, who can override the decision of the euthanasia referee.
The “euthanasia certificate” remains in force for three months from the date it is issued, but may be removed at any time by the applicant.
The bill stipulates that the Governor in Council (Cabinet) shall make further regulations on various matters including “the procedure to be followed in administering euthanasia,” and the fees payable to the referee in euthanasia.
A further section of the bill states that withholding or cessation of treatment at the request of the patient, or where such treatment is medically useless, is not an offence under current sections of the Criminal Code.
Axworthy’s bill goes much further than the “living wills” concept which has sprung up in various pieces of legislation across the country recently. The bill states quite clearly that “to administer euthanasia means to terminate a person’s life intentionally at the request of that person.” It is interesting to note that persons who may apply for euthanasia need not be suffering from a terminal or life threatening condition, only one which is incurable.
As a Private Member’s Bill, this proposed legislation may never be debated by Parliament, however the fact that it was even introduced should be a warning signal to those of us who are concerned with the protection of all human life.
