Motion filed to quash proposed assisted death legislation

The Quebec governments assisted death legislation is illegal and should be quashed, says a motion filed in Quebec Superior Court Tuesday by a medical doctor and a woman with cerebral palsy.

Under Bill 52, which was reintroduced in the National Assembly last week and would be the first of its kind in Canada, a doctor who receives the repeated consent of a patient could administer medication to cause death.

But Paul Saba, the family physician who filed the motion with Lisa DAmico, a 48-year-old with cerebral palsy, said euthanasia cant be considered a medical treatment and therefore does not fall within provincial jurisdiction.

The bill, the motion says, violates both the Quebec and Canadian Charter of Rights and Freedoms, Quebecs Civil Code, the Quebec Code of medical practice, medical ethics, the Criminal Code and the Constitution.

Its impossible for vulnerable people to give informed consent if they dont have proper care, Saba said, adding that up to 80 per cent of people in Quebecs regions dont have access to palliative care.

He said the rate of errors in diagnosis is 20 per cent so people who are in pain are making decisions with inaccurate diagnosis.

Bill 52 was temporarily shelved when the provincial election was called earlier this year and revived last week in an unanimous vote. There remains about eight hours of debate on it.

If the bill becomes law, it will be the first of its kind in Canada to legalize physician-assisted suicide.

DAmico, who for now lives independently, worries that if passed, the law would mean she and other vulnerable people will be pushed into euthanasia rather than be given proper care.

After feeling that their pleas before the National Assembly have not been heard, DAmico and Saba decided to turn to the courts to rule on the controversial issue.

See the article here:
Motion filed to quash proposed assisted death legislation