Woman’s death rekindles arguments surrounding doctor-assisted dying

TORONTO – Twenty-nine-year-old Brittany Maynard ended her life over the weekend after moving to Oregon to qualify for the state’s Death with Dignity Act.

Diagnosed with terminal brain cancer and given six months to live, Maynard wrote in a Facebook post that she chose to pass away “with dignity in the face of my terminal illness, this terrible brain cancer that has taken so much from me… but would have taken so much more.”

The Act allows terminally ill residents of Oregon to end their lives through the voluntary self-administration of lethal medication, prescribed by a doctor for that purpose. Similar legislation has been passed in Washington, Montana and Vermont.

But the young woman’s death has rekindled the debate on doctor-assisted dying. Here’s a look at some arguments for and against such a law.

Those against doctor-assisted dying:

Some believe that making doctor-assisted dying legal puts pressure on vulnerable Canadians to end their life even if they don’t want to.

The Physicians Alliance Against Euthanasia group wrote in an open letter: “In the 40 years since palliative care was introduced into Canada, the ability to control pain and other symptoms is improving constantly, although problems of equitable access persist. This is a grave injustice and, many believe, a breach of human rights, but the remedy is not to legalize euthanasia and assisted suicide, it’s to provide the support dying people need.”

The federal Conservative government has argued allowing doctor-assisted death would undermine the sanctity of life and put vulnerable and disabled patients at risk of being coerced to kill themselves.

There’s also the moral argument that to kill another person is wrong, and some argue there’s a risk that doctors could misunderstand or override the patient’s wishes.

Those in favour of doctor-assisted dying:

One argument is that the laws against assisted suicide violate the Charter of Rights and Freedoms, because while able-bodied Canadians can kill themselves on their own, disabled Canadians would need help to do so.

This rests on two sections: Section 7, which sets out the right to life, liberty and security of the person, and Section 15, which grants equality rights.

Joseph Arvay, who represented plaintiffs in a case that saw the ban on assisted suicide struck down in the past, argues that forcing sick patients to suffer through painful deaths without being able to ask doctors to help end their lives is akin to “torture.” Arvay suggested the current laws in Canada force patients to make a cruel choice between suicide and suffering.

Advocacy groups like Compassion & Choices—which Maynard worked with—believe terminally ill people have the right to die peacefully on their own terms.

Sean Crowley, a spokesman for the group, said Maynard “suffered increasingly frequent and longer seizures, severe head and neck pain, and stroke-like symptoms. As symptoms grew more severe, she chose to abbreviate the dying process by taking the aid-in-dying medication she had received months ago.”

The criteria for the American “death with dignity” laws addresses some of the concerns that those against doctor-assisted suicide convey. For example, the laws specify that the person in question must be capable of making and communicating the decision for him or herself and must be able to self-administer the prescribed dose. They can also rescind the request at any time, and are given an opportunity to rescind after a waiting period.

The Oregon and Montana laws, for example, also specify that the act does not cover euthanasia.

“In euthanasia, a doctor injects a patient with a lethal dosage of medication. In the Act, a physician prescribes a lethal dose of medication to a patient, but the patient — not the doctor — administers the medication,” says the FAQ section on Oregon’s public health website. “Euthanasia is illegal in every state in the US, including Oregon.”

With files from Global News