Euthanasia and Assisted Suicide – Unified Direction

1. Euthanasia and Assisted Suicide – Unified Direction Presentation to: Civitas May 6, 2006 By: Alex Schadenberg

2. Euthanasia and Assisted Suicide – Definitions • Euthanasia is an action or omission of an action which of itself and by intention causes the death of a person for the purpose of relieving suffering. • Euthanasia is treated as homicide in the criminal code. • Euthanasia only differs from common homicide in its intention to relieve suffering. • Euthanasia is often referred to as “Mercy Killing”

3. Euthanasia and Assisted Suicide – Definitions • Euthanasia is intentionally done by action or omission. • Active euthanasia refers to an intentional act to cause the death a person, where that act causes the death. Often done by injection or suffocation. • Euthanasia by omission refers to an intentional omission of an act to cause the death of a person, where that omission is the cause of the death. It is usually done by withdrawing or withholding fluids and food in order to cause the death of a person who is not otherwise dying. The person dies of dehydration in 10 - 14 days.

4. Euthanasia and Assisted Suicide – Definitions • Euthanasia is not: • Withholding or withdrawing medical treatment that is useless (futile) burdensome or extra-ordinary. • Withholding or withdrawing unwanted medical treatment or care when the intention is not to cause the death of a person but to accept the limits of life, is not euthanasia. • Physicians should be careful to ensure that their patients understand their options and are not depressed, if they refuse necessary medical treatment or care.

5. Euthanasia and Assisted Suicide – Definitions • Assisted Suicide is to: aid, abet, or counsel someone to commit suicide, while knowing that person’s intention. • Assisted suicide is an act one does to oneself with the assistance of another who knows their intention. • Section 241 of the criminal code states that it is illegal to aid, abet or counsel suicide; whether suicide occurs or not; one is liable to up to 14 years in prison. • Assisted Suicide is legal in the State of Oregon.

6. Euthanasia and Assisted Suicide – Definitions • Euthanasia by Omission • To withdraw or withhold H & N from a person with the intention of causing death, when the provision of H & N is not excessively burdensome and provides benefit to the patient, is euthanasia. • To withdraw or withhold H & N from a person who does not benefit from the care and is suffering due to its provision is not euthanasia but rather normal care of the patient and accepting the limits of our human frailty.

7. Euthanasia and Assisted Suicide – Our Primary Concerns • Vulnerable Canadians, who are very sick, but not otherwise dying, are being dehydrated to death due to a “quality of life” ideology and cost containment analysis. • People with disabilities, the elderly and the marginalized poor are being denied basic medical care due to “futile care” theory which bases medical decisions on the “futility” of the patient and not the futility of the medical intervention. • It is necessary to protect vulnerable Canadians from medical care givers and family members who do not share our ethical position and do not respect human life.

8. Euthanasia and Assisted Suicide – Personal Autonomy • Most people who support euthanasia and/or assisted suicide do so for reasons related to personal autonomy • Personal Autonomy does not directly relate to euthanasia or assisted suicide because both acts, by definition, require that another person is involved. • The act of suicide, when done rationally, may be an act of personal autonomy because it is an act one does to oneself.

9. Euthanasia and Assisted Suicide – Personal Autonomy • Euthanasia and Assisted Suicide are not acts of personal autonomy but rather acts that directly involve other people and society as a whole. • Euthanasia and Assisted Suicide are part of a post modern ideology of radical personal autonomy, meaning people who demand the right to make decisions that not only affect their lives but also the lives of others. • Radical personal autonomy: My demand supercedes the will, desires or rights of another.

10. Euthanasia and Assisted Suicide – Interesting research • Malphurs & Cohan (2005) “ A statewide case-control study of spousal homicide-suicide in older persons.” AM J Geriatric Psychiatry 13:211-217, March 2005 • ajgp.psychiatryonline.org/cgi/content/abstract/13/3/211 • In fact, this “mercy-killing” perception is a myth, say scientists who have studied homicide-suicides among the elderly. The husbands in such cases are often abusers, and the wives are rarely complicit. In many such cases, defense wounds indicate that the wife fought for her life.

11. Euthanasia and Assisted Suicide – Interesting research • Van der Lee ML, et al: “Euthanasia and depression: A prospective cohort study among terminally ill cancer patients.” J Clin Oncol 23:6607-6612, 2005 • This is a significant research because the hypothesis was: requests for euthanasia and assisted suicide reflected deep values rather than psychological distress. • Conclusion: depressed patients were 4 times more likely to request euthanasia and 50% of all requests for euthanasia were made by people with signs of depression.

12. Euthanasia and Assisted Suicide – Historical Context • Sue Rodriguez asked the Supreme Court for the right to be assisted in suicide, in fact striking down section 241 of the criminal code. She argued that the law prohibiting assisted suicide was an infringement on her equality.

13. Euthanasia and Assisted Suicide – Historical Context • The majority decision (5 – 4) of the Supreme Court of Canada was that the law was a reasonable infringement on Sue Rodriguez’s equality and the law acted as a protection for people with disabilities and other vulnerable persons.

14. Euthanasia and Assisted Suicide – Historical Context • Tracy Latimer who had a severe condition of Cerebral Palsy was killed by her father Robert. • Robert Latimer’s conviction for second-degree murder was unanimously upheld after two trials and two trips to the Supreme Court of Canada • Robert is serving life in prison, with no chance for parole for 10 years. He has currently served half of his sentence.

15. Euthanasia and Assisted Suicide – Historical Context

16. Euthanasia and Assisted Suicide – Historical Context • Dr. Maurice Genereaux of Toronto pleaded guilty in 1999 to assisting the suicide of a patient who was HIV positive. • He was sentenced to two years less a day in jail.

17. Euthanasia and Assisted Suicide – Historical Context • Evelyn Martens went to trial (October 2004) in British Columbia for aiding the suicide deaths of Leyanne Burchell and Monique Charest. • Evelyn Martens was the membership secretary for the Right to Die Society of Canada. • Leyanne Burchell was dying of stomach cancer. • Monique Charest complained of chronic ailments but her autopsy found no actual medical condition, which concurred with the testimony of her physician.

18. Evelyn Martens, former membership secretary for the Right to Die Society of Canada. Euthanasia and Assisted Suicide – Historical Context

19. Euthanasia and Assisted Suicide – Historical Context • Even though evidence proved that Evelyn Martens was present and provided the means for the suicide of Monique Charest (Exit Bag & Helium), the Judge instructed the jury that they must find that Evelyn Martens actually did something in order to find her guilty. • The jury indicated that there wasn’t enough evidence to convict. • There was possibly an error in law. If Evelyn Martens actually did something then the act would have been euthanasia and not assisted suicide.

20. Euthanasia and Assisted Suicide – Recent History • Nov 2004 - Evelyn Martens is acquitted. • Nov 2004 – Dutch government asked to approve the Groningen Protocol, paediatric eugenic euthanasia in the Netherlands. • Nov 2004 – Irwin Cotler makes statement to Justice Committee. • Jan 2005 – Royal Dutch Medical Association advises Dutch government to change euthanasia criteria to: “suffering through living” • March 2005 – Malphurs and Cohen study published on Homicide / Suicide found that most “mercy killings” are truly homicides.

21. Euthanasia and Assisted Suicide – Recent History • March 2005 – Terri Schiavo dies. • April 2005 – A study published in the Lancet shows that half of infant deaths in Flanders are euthanasia. • June 2005 – Bill C-407 gets first reading in Parliament. • Aug 2005 – Globe and Mail supports assisted suicide. • Aug 2005 – Maclean’s magazine prints a slanted feature on euthanasia and assisted suicide. • Aug 2005 – Dutch government endorses Groningen Protocol.

22. Euthanasia and Assisted Suicide – Recent History • Sept 2005 – Belgium officials admit that actual numbers of Euthanasia are much higher than reported. • Oct 2005 – Parliament debates Bill C-407 • Oct 2005 – Research shows that Belgium has redefined euthanasia as part of palliative care. • Nov 2005 – Irwin Cotler states in National Post article that he envisions assisted suicide law • Dec 2005 – Election is called, killing Bill C-407.

23. Euthanasia and Assisted Suicide – Recent History • Jan 2006 – Marielle Houle given 3 years probation for “assisting” the suicide of her son, Charles Fariala. • Feb 2006 – Francine Lalonde MP is quoted in the Quebec media saying she will introduce a new bill. • March 2006 – Senator Sharon Carstairs confirms that Bloc MP Francine Lalonde intends to introduce a new bill. • March 2006 – Dying With Dignity speaker states at news conference that euthanasia is the ultimate goal. • April 2006 – Tony Jaworski (88) of Winnipeg pleads guilty to manslaughter in the death of his wife Sophie. He was sentenced to 3 years of supervised probation.

24. Euthanasia and Assisted Suicide – Bill C-407 • Bill C-407 was introduced June 15, 2005. • Bill C-407 would have changed Sections 222 & 241 of the criminal code, legalizing euthanasia and assisted suicide. • Bill C-407 allowed euthanasia and assisted suicide for people who suffered chronic physical and mental pain and those who are terminally ill. • Bill C-407 measured competency based on whether the person “appeared to be lucid”. • Bill C-407 allowed anyone to euthanize or assist the suicide of another, so long as they were “assisted” by a medical practitioner or a medical team and acted in the manner set out by the person wishing to die.

25. Euthanasia and Assisted Suicide – Post Election • What should we expect from a minority Conservative government? • During the French language debate, Stephen Harper stated that a Conservative government would not bring forward a bill to legalize assisted suicide but they would allow a free vote on a private members bill. • Stephen Harper stated in the French language debate: “I think it’s important to resist the idea of giving the power to kill”

26. Euthanasia and Assisted Suicide – Post Election • The NDP and Bloc officially support euthanasia and assisted suicide, most Liberal MP’s support assisted suicide and many support euthanasia, and a few Conservative MP’s support assisted suicide. • A combination of the Bloc, NDP, most Liberal, and a few Conservative MP’s means that enough votes exist in parliament to change Section 241 of the criminal code, to legalize assisted suicide. • We are concerned if a bill is presented in parliament to change section 241 of the criminal code to legalize assisted suicide, limited to people who are terminally ill or suffering severe physical pain. • This should concern us all.

27. Euthanasia and Assisted Suicide – What we need to do • We can be successful. The issues contain enough concerns for the general population that we are able to create an effective opposition to legalizing euthanasia or assisted suicide. • In Maine, there was a referendum in 2001. Polls showed 75% support. Similar to Oregon, Maine is a very secular state, where only 20% of its citizens attend Church regularly. The referendum was defeated 51% to 49%. • Maine was successful because it devised a unified strategy or coalition. • In Michigan a unified strategy produced a 71% to 29% defeat of the initiative to legalize assisted suicide in 1998.

28. Euthanasia and Assisted Suicide – What we need to do • In 2003 the Vermont Alliance for Ethical Healthcare convinced their legislature not to move forward with an “Oregon model” of assisted suicide, even though political insiders thought that enough support existed. The Vermont Alliance for Ethical Healthcare employed a unified strategy or coalition. • In 2002, Hawaii rejected an Oregon model assisted suicide bill at final reading in the Senate by a vote of 13 to 12, even though at “second” reading the vote was 14 to 11 in favour. This was only possibly due to a unified strategy or coalition.

29. Euthanasia and Assisted Suicide – What we need to do • We need to recognize that Euthanasia and Assisted Suicide are not about personal autonomy and represent a threat to vulnerable Canadians. • We need to recognize that vulnerable people are rarely choosing euthanasia or assisted suicide but rather pressured by family members and medical care givers to end their life. • We need to recognize that vulnerable people are in need of protection from society, not death.

30. Euthanasia and Assisted Suicide – What we need to do • Unified Strategy • We need to re-direct the issue of radical personal autonomy by featuring people who would have “chosen" euthanasia or assisted suicide if it were legal at the time. • The story must explain how euthanasia and assisted suicide are a threat to the vulnerable person. We must dispel the myth that euthanasia and assisted suicide are about “freedom of choice” • In Michigan, Maine and Vermont very successful campaigns against assisted suicide were fought with a unified strategy and a secular group.

31. Euthanasia and Assisted Suicide – What we need to do

32. Terri Schiavo… victim of assisted suicide & euthanasia mentality…

33. Euthanasia and Assisted Suicide – Unified Direction Euthanasia Prevention Coalition Box 25033 London Ontario N6C 6A8 Phone: (519) 439-3348 or 1-877-439-3348 Fax: (519) 439-7053 Website: www.epcc.ca Email: info@epcc.ca