Estate Planning

The Right to Palliative Care

By Hull and Hull LLP

You may recall that not long ago Kathryn Pilkington and I podcasted about assisted suicide and the defeated bill entitled the Right to Die with Dignity Act, which sought to legalize death assistance beyond terminal illness to include assistance to individuals who are experiencing debilitating physical or mental pain.

Most recently this subject was considered in The Lawyers Weekly by Mary Shariff. She speaks to the connection between suffering and the desire for death, and goes on assert that research has shown when integrated palliative care (care that addresses physical, psychological, emotional and existential suffering) is provided, requests for assisted suicide are frequently altered. 

The headway in palliative care initiatives Canada is making is referenced, although so is the fact that palliative care is not insured care under the Canada Health Act, such that its delivery falls to provincial discretion. In short, not all dying Canadians are getting equal access to such care.  

Ms. Shariff boldly describes the real risk that true consent to assisted suicide at the end of life may not be achieved if the individual does not have a meaningful choice about how to alleviate his/her suffering. This article is thought-provoking and asserts that regardless of which side of the debate one sits on regarding assisted suicide, the obligation to put the palliative care delivery agenda in the forefront is arguably legally required in order to meet our international commitments, which commitments recognize the right of everyone to the enjoyment of 'the highest attainable standard of physical and mental health'.  

I find this argument compelling, and would like to see a growing focus on this topic that with our aging population will undeniably become more and more relevant.

Thanks for reading and have a good day,

Natalia Angelini

Full post as published by Toronto Estate Law Blog on August 24, 2010 (boomark / email).