“We want to prevent euthanasia from taking place,” said Living With Dignity vice president Michel Racicot, a retired lawyer who advises both groups. The Act respecting end-of-life care comes into effect Dec. 10, 2015 “unless the Quebec government puts it in force earlier.”
“We know they are already in the planning process, putting protocols in place,” Racicot said in an interview from Montreal. “Time is against us. That is why we decided to file now.
“No matter what we call it, ‘medical aid in dying’ is euthanasia and euthanasia is the killing of a person and culpable homicide under the Criminal Code,” Racicot said.
Since the Criminal Code is under federal jurisdiction, the Quebec government does not have the necessary jurisdiction to adopt this law, he said. The lawsuit challenges the Act as unconstitutional, infringing both the federal Charter and the Quebec Charter.
Racicot said the two groups are asking the Superior Court Chief Justice to “accelerate treatment of the case” because of the urgent timeline “to prevent the irreparable harm that could take place if it comes into effect.”
The Quebec government is trying to present the killing of patients as part of a continuum of health care, he said.
“If it had been a continuum of care, they would not have had to amend the Medical Act.”
Patients can refuse all forms of care, whether chemotherapy, radiation therapy, surgery and refuse even “basic care and comfort,” but if patients meeting the criteria of the Act ask a doctor to kill them, the doctor will have to do it or refer the patient to someone who will, Racicot said.
Though an individual doctor can refuse on conscience grounds, he or she must report the request to the executive director of the institution providing the care and “he or she must find a physician willing to do it,” he said.
All hospitals, hospices and similar institutions will be required to do this and to set up protocols for ending patients’ lives, he said, noting the law goes further in coercing institutions than any jurisdiction that has legalized euthanasia.
“You can imagine the abuses that will take place,” he said. There will be pressure from family members who cannot bear seeing their loved ones suffer; but also from those who have “less dignified reasons” such as their inheritance.
Hospital administrators will apply pressure because they need to free up beds, he said. Sometimes people at end of life are easily manipulated and can have an adverse reaction to an initial diagnosis of cancer, but bounce back later to undergo treatment and live longer than predicted, he said.
“Once you open the door you cannot stop it,” said Racicot, noting the Quebec human rights commission has already said the law is discriminatory because minors and those with Alzheimer’s cannot access euthanasia. “The door is ajar not for long. Soon it becomes wide open,” he said.
Another reason for urgency is the Carter case that will be heard before the Supreme Court of Canada in October. The Alliance has been granted intervener status in this case involving British Columbia women Kay Carter and Gloria Taylor who were successful in getting a lower court to overturn Canada’s law against assisted suicide. The Euthanasia Prevention Coalition and a range of other groups have also been granted intervener status.