Bill C-407 - A Bill to Legalize Euthanasia and Assisted Suicide   
By Alex Schadenberg and Karen Young

On June 15, 2005, Francine Lalonde, Bloc Québécois member from La Pointe-de-l’Île introduced Bill C-407: An Act to amend the Criminal Code (right to die with dignity).
           
Bill C-407 acts by amending sections 222 and 241 of the criminal code. Section 222 of the criminal code concerns homicide including the prohibition of euthanasia in Canada.  Section 241 concerns the prohibition to assisted suicide in Canada.  If the proposed amendments are approved both euthanasia and assisted suicide will be legalized in
Canada.

How does Bill C-407 amend Section 222 of the criminal code?

Currently section 222 of the criminal code includes six subsections, which would be unaltered.  The amendment to this section would be the addition of a seventh subsection which would state:
           
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.
• the person must have tried the appropriate treatments available or refused the treatments that have not been tried.
• the person must be suffering severe physical or mental pain without any prospect of relief.
• or suffers from a terminal illness
• 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 ten days apart expressly stating the person’s free and informed wish 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 person who aids the other person to die:

• is a medical practitioner or is assisted by a medical practitioner,
• has 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.
• is a member of or is assisted by a team of persons entitled under the laws of a province to provide health services.
• acts in the manner indicated by the person who wishes to die.
• provides the coroner with a copy of the confirmation referred to in subparagraph.
• for the purpose of this section, "medical practitioner" means a person who is entitled to practise medicine by the laws of a province.

How does Bill C-407 amend Section 241 of the criminal code?

As with Section 222, the proposed amendment will only involve the inclusion of a new subsection, subsection two. The amendment to Section 241 uses the exact same language and clauses as section 222.

Potential Problems with the wording of the proposed amendments to the criminal code

By requiring that a person try appropriate treatments that are available and in the same clause state that a person can refuse treatments that have not been tried, Bill C-407 would allow a person to qualify for euthanasia even if they have refused to try effective treatments for their chronic physical or mental pain.

By allowing persons suffering from severe physical or mental pain to qualify for euthanasia, this bill allows people experiencing chronic depression to be euthanized.

The terms terminal illness, appearing to be lucid, assisted by a medical practitioner are not defined.  What does it mean to appear lucid? What conditions are considered terminal?  If the persons who aids in another person’s death can be assisted by a medical practitioner, does that mean that anyone can euthanize another person?  

What does Bill C-407 mean for Canada?

• This bill will legalize euthanasia and assisted suicide for people who suffer chronic physical and mental pain that is treatable and is not merely about allowing a “death with dignity”
  
  
• This bill will not require that a person at least try appropriate treatments for their chronic physical or mental pain.
  
  
• This bill will allow anyone to euthanize or assist the suicide  of anyone, so long as they are “assisted by a medical practitioner” and acts in a manner indicated by the person who wishes to die.  This means this bill is not merely about “physician aid-in-dying.”

When it comes to the limitations placed within Bill C-407, we do not even find the typical limitations provided in other jurisdictions that have legalized euthanasia and/or assisted suicide.  It is also important to note that in jurisdictions that have legalized euthanasia and assisted suicide, such as the Netherlands and the State of Oregon even when limitations are placed within the criminal code ‘Right to Die’ organizations always seem to find ways around the limitations.  For example, 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.  Therefore, if a person who wishes to die has a physician who does not believe that the person qualifies for euthanasia or assisted suicide, another physician is found who will provide the referral.
     
Once a society allows one person to kill another person it soon becomes impossible to protect the lives of people who are otherwise viewed as a burden on society.  Bill C-407 is an attack on vulnerable people especially people with disabilities and people with chronic conditions including depression.

Alex Schadenberg is the Executive Director of the Euthanasia Prevention Coalition.  For more information about Bill C-407 contact the Euthanasia Prevention Coalition Toll free at: 1-877-439-3348.