Enabling Choice: Aid in Living as a Predicate to Aid in Dying.

Abstract

In February 2016, the Canadian Supreme Court argued in a unanimous decision that criminal statutes prohibiting physician-assisted or -directed termination violated the Charter of Rights and Freedoms. In the unanimous judgment, they argued that the promise of "life, liberty, and sanctity of person" in s. 7 enshrined patient choice as a principal Canadian virtue. But for choice to be real, that requires a set of predicate conditions assuring fragile Canadians have free and ready access to a range of medical services including, in a partial list, expert counseling, home care aides, palliative treatment, rehabilitative services, and social support for themselves and familial carers. Where those are absent, choice is illusory and the promise of real choice illusory.