Bill C-407 allows a person to kill another person, if that person asks to die. Once society allows one person to kill another, it becomes impossible to protect persons who are otherwise viewed as burdens on society.

How does Bill C-407 legalize euthanasia?

The bill amends Section 222 of the Criminal Code by stating that: “Despite anything in this section, a person does not commit homicide within the meaning of this act by reason only that the person aids another person to die with dignity, if: the person must be 18 years old.” This may be the only real limit to the bill.

Also, “The person must have tried the appropriate treatments available or refusing the treatments that have not been tried.” This line of the bill is double talk. If you have refused treatments that have not been tried, then you don’t even need to try appropriate treatments at all.

And, “The person must be suffering severe physical or mental pain, without any prospect of relief.” This line in the bill directly affects people with disabilities and those suffering from chronic physical or mental pain. Chronic pain sufferers know that their pain can be mitigated, but there is often no prospect of total relief or cure for their conditions. This bill has nothing to do with terminal illness and everything to do with eliminating certain people.

It goes on: “Or suffers from a terminal illness ...” There is no definition for terminal illness in the bill.

Furthermore, “Has, while appearing to be lucid, made to a medical practitioner, or to the person who aids the person to die, two requests more than 10 days apart, expressly stating the person’s free and informed wish to die.” What does it mean to appear to be lucid? People who experience chronic depression may appear to be lucid. If this bill is passed into law, you will have to be careful what you say to your physician, family, friends or caregivers when you are having a bad day. If you state, on a bad day, that you wish to die, and state it again 10 days later, you will have given them the right to kill you, or exercised your obligation to die.

“Has, while appearing to be lucid, designated in writing, before two witnesses with no personal interest in the death of the person, another person to act in his or her name with respect to the person who aids him or her to die, and with respect to any medical practitioner, while the person does not appear to be lucid.” The second part of this section is very concerning. It states: With respect to any medical practitioner, while the person does not appear to be lucid. Does this mean that a medical practitioner may euthanize a person while he/she is not lucid?

The amendment states that the person who aids the other person to die be “a medical practitioner or is assisted by a medical practitioner.” What does it mean to be assisted by a medical practitioner? This means that anybody can euthanize another person.

The person who assists in the death should have “received confirmation of the diagnosis from two medical practitioners or, if the person who aids the other person to die is a medical practitioner, from one medical practitioner with no personal interest in the death of the person.” In the Netherlands and the state of Oregon, “right to die” organizations provide a list of physicians who are willing to refer a person for death. If a physician believes that a person does not qualify for euthanasia or assisted suicide, another physician is found to provide the referral.

The person who assists in the killing “is a member of, or is assisted by, a team of persons entitled under the laws of a province to provide health services.” Again, there’s the ambiguity - what does it mean to be a member of a team or assisted by a team of persons?

And, “Provides the coroner with a copy of the confirmation referred to in subparagraph.” After the action, reporting is not a safeguard, because coroners reports are only for people who are dead.

Lalonde’s bill continues: “For the purpose of this section, ‘medical practitioner’ means a person who is entitled to practise medicine by the laws of a province.” This definition of “medical practitioner” is not restricted to a physician. Physicians are not the only professionals who are entitled to practise medicine in Canada.

How C-407 legalizes assisted suicide

The bill adds a subsection (2) to Section 241 of the Criminal Code and uses identical language and clauses to Section 222. Bill C-407 legalizes assisted suicide in the identical manner it legalizes euthanasia.

Conclusions

To reiterate:

• This bill is not about allowing a “death with dignity.” It legalizes euthanasia and assisted suicide for people who suffer chronic physical and mental pain that is treatable.
• This bill does not require a person at least try appropriate treatments for his chronic physical or mental pain. It states that a person qualifies for euthanasia even if he has refused to try treatments.
• This bill is not about allowing “death with dignity” for competent people. It legalizes euthanasia and assisted suicide for people who “appear to be lucid.” It is not clear what it means to “appear to be lucid.”
• This bill is not about “physician aid in dying.” It allows anyone to euthanize or assist in the suicide of anyone, as long as they are “assisted by a medical practitioner” and acts in the manner indicated by the person who wishes to die.
• This bill does not even provide the typical “limits” we have seen in other euthanasia or assisted suicide proposals in other jurisdictions.
• Needs to be delayed in Parliament and defeated at second reading, which is expected when the House resumes sitting this fall.
• Every MP needs to speak to this bill.
• There is nothing good or redeeming about Bill C-407.
• Bill C-407 allows any person to kill another person. Once society allows one person to kill another person, it soon becomes impossible to protect people who are otherwise viewed as a “burden” on society.

Alex Schadenberg is executive director of the Euthanasia Prevention Coalition.