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31 BYU J. Pub. L. 333 (2016-2017)
Legalization of Assisted Suicide and Euthanasia: Foundational Issues and Implications

handle is hein.journals/byujpl31 and id is 349 raw text is: Legalization of Assisted Suicide and Euthanasia: Foundational Issues and Implications Sean Murphy* ABSTRACT This paper takes a general approach by examining foundational issues, and the primary focus is on a single jurisdiction: Canada. It outlines the current legal criteria for euthanasia and assisted suicide in Canada, identifying differences in criteria for the procedures set by the Supreme Court of Canada, Quebec's unique provincial euthana- sia la w, and the Criminial Code. Commentary drawing from anecdotal reports from eight dissent- ing physicians offers some insight into their experience since legaliza- tion of the procedures. Material from the public record provides ad- ditional context, and the commentary is informed by diffculties that have arisen in relation to morally contested procedures. The experi- ence of dissenting physicians is affected by a number of variables, in- cluding cultural and social dynamics, differing beliefs, differing moral and social sensitivity and individual personalities. Four sources of stress are identied: the demand for collaboration in killing, the pro- spect ofpunishment, the continuing need to distinguish between co- operation and collaboration, and concern for their patients. Particu- lar concerns of palative care physicians are discussed, as well as concerns shared by other dissenting physicians. A detailed review of the moral underpinnings of the trial court decision in Carter v. Canada demonstrates that morality precedes and drives law. From this it is argued that a judge will either assume or construct a moral justi6cation that supports a decision, even if this is not explicitly articulated in legal reasoning. These assertions are test- ed against the ruling of the Irish High Court in Fleming v. Ireland & * Sean Murphy has been the Administrator of the Protection of Conscience Project since its inception in 1999, responsible for its day-to-day management and operations. The Project is a non-profit, non-denominational initiative with international interests that advocates for free- dom of conscience among health care workers. It does not take a position on the morality of contentious procedures, but critiques policies of coercion, encourages accommodation and promotes clarification and understanding of the issues involved to assist in reasoned public dis- cussion. 333

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