MONTRÉAL, May 28, 2014 /CNW Telbec/ - A Motion for Declaratory Judgment was filed in the Superior Court of Montréal on May 27, 2014 to challenge articles in the Quebec proposed Bill 52 pertaining to euthanasia which do not respect the Canadian Constitution or Fundamental Human Rights. Furthermore, euthanasia is not a medical care. Quebec, a Province of Canada, may only legislate in matters of health, not in criminal law. Euthanasia is a crime in Canada.
The Plaintiffs are Ms. Lisa D'Amico, a handicapped person, and Dr. Paul J. Saba, a family doctor. This Motion is instituted against the Attorney-General of Quebec and also impleads the Attorney-General of Canada, to obtain a declaration that:
(1) The euthanasia of a human being by his doctor, a notion known in Quebec under the euphemism «medical aid in dying», is not medical care.
(2) Quebec does not have jurisdiction to legislate on this subject as it is contrary the Canadian Constitution, Federal criminal law and Fundamental Human Rights.
(3) Doctors would be in violation of their Code of Ethics as well as Federal criminal law.
The Attorney General of Canada has already pronounced against the Quebec proposed legislation on euthanasia.
Ms. D'Amico has a personal interest because the lack of medical and social care in Quebec places her in a vulnerable position to accept euthanasia as her condition progresses.
Doctor Saba believes that no one should ask a doctor to perform euthanasia.
According to recognized international norms and standards of medical practice, palliative care does not include the practice of euthanasia.
Since palliative care in some areas is accessible to only 20 % of Quebecers, how can a person make a free and informed consent?
There exists a real and imminent danger that the proposed euthanasia law will prematurely end lives of the more vulnerable including handicapped persons.
Euthanasia is denounced by the World Medical Association representing 9 million doctors in 100 countries and encourages "doctors to refuse to participate in an act of euthanasia, even if the national law authorizes it or decriminalizes it in certain situations. »
SOURCE: Dr Paul J. Saba