Bell: Danielle Smith government lays down the law on doctor-assisted death

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Bell: Danielle Smith government lays down the law on doctor-assisted death

'The reality here in Alberta is hope should always be easier to access than death,' says Mickey Amery, Alberta justice minister speaking on doctor-assisted death

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The Alberta government is now literally bringing the issue of life and death to the attention of Albertans.

When should people be allowed to end their life with the help of the health-care system?

That is the question Premier Danielle Smith and her government will answer Wednesday when they present a law for the province of Alberta on doctor-assisted death.

The Smith government says the law is needed to protect vulnerable Albertans. The law’s name tells the story.

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The Safeguards for Last Resort Termination of Life Act.

There are prohibitions. The Smith government wants to be clear about that. They are tightening things up.

Doctor-assisted death, often called MAiD, Medical Assistance in Dying, will be prohibited for those under 18, persons whose only underlying medical condition is a mental illness and individuals without the capacity to make their own health-care decisions.

So-called advance requests, pre-approvals for assisted dying before a person loses the capacity to provide informed consent, will also be prohibited.

MAiD will also be prohibited where a natural death is not “reasonably foreseeable.”

Those where natural death is determined by a doctor or nurse practitioner to be “reasonably foreseeable” will be eligible for MAiD.

“Reasonably foreseeable” means when their natural death is likely to happen within 12 months.

A couple more points.

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Doctors and nurse practitioners in Alberta WILL NOT be able to refer people to get assessments outside Alberta on whether they are eligible for MAiD.

Doctors and nurse practitioners who have moral or religious objections to MAiD will have the right to refuse to assess a person for an assisted death or provide one.

In practice, the person could be referred to a doctor who does not object to MAiD or they could be directed to information on how to access MAiD.

Certain types of health-care facilities will have the right to refuse to provide a doctor-assisted death. The person could be transferred to another facility.

Mickey Amery is Smith’s point man on this issue. Amery is Alberta’s Minister of Justice.

What does he say to those people who would like more individuals eligible for a doctor-assisted death, for MAiD?

What does he say to those people who believe more individuals should have the choice of when they die?

“Our job is to stand up for the vulnerable and ensure the system always treats life as sacred,” says Amery.

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“Albertans believe in compassion and compassion means protecting individuals when they are at their most vulnerable.

“When you talk about MAiD you’re talking about one of the most serious decisions both the individual and the society can make. There are no do-overs here. This demands greater safeguards and humility.”

Amery points to that need for safeguards and examples the justice minister says he could pull out all day.

A 26-year-old man with Type 1 diabetes and partial vision loss whose biggest issue was his struggle with his mental health.

Ontario repeatedly denied his request for doctor-assisted death. He went to B.C. and was approved.

His family was upset and wanted changes to the system.

Amery mentions an obese woman in her 60s who sought MAiD. A widower who wanted to die mainly because of emotional distress.

Amery puts his foot down.

“You can’t go back. You can’t afford mistakes. The reality here in Alberta is hope should always be easier to access than death.

“The real concern is there is a pathway to recovery in many of these cases and we want to be able to explore every single pathway before individuals seek MAiD, which should only be seen as an option of last resort.

“We know a compassionate society should never rush people towards death. Instead it should rush to provide supports to help them.”

Amery points to advocates for those with disabilities and mental health organizations support the Smith government’s new law.

The justice minister says advocates for those with disabilities point to “how some of the most vulnerable Albertans are being provided with assisted suicide as an option rather than with the supports they need to live a good life.”

The man appears to have no doubts the path the government is heading to a better way.

“Time and time again we see examples of people receiving MAiD and whose assessments for MAiD are not being questioned. We are hoping with this law that never happens in Alberta.

“We believe we are on the right side of history.”

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