MONTREAL, June 5, 2014 /CNW Telbec/ - The Quebec Government attempt to pass euthanasia in the National Assembly is illegal, illicit and unconstitutional. For these reasons a Motion for Declaratory Judgment was filed in the Superior Court of Montréal on May 27, 2014 to preventatively challenge articles in the Quebec proposed Bill 52 pertaining to euthanasia. First of all 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. Furthermore euthanasia does not respect the Canadian Constitution or Fundamental Human Rights. The Plaintiffs are Ms. Lisa D'Amico, a handicapped person, and Dr. Paul J. Saba, a family doctor. This Motion was 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 a medical care.
(2) Quebec does not have jurisdiction to legislate on this subject as it is contrary to the Canadian Constitution. Furthermore it is contrary to 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 with regard to accepting euthanasia as her condition deteriorates.
Doctor Saba believes that no one should ask a doctor to perform euthanasia which contradicts the Quebec Code of Ethics of Physicians, which ensures that a physician "(3) has (the) duty to protect and promote the health and well-being of the persons he attends to, both individually and collectively", which ensures that he (6) practices his profession in accordance with scientific principles" and " ... ensures that he (13) must refrain from taking part in a concerted action of a nature that would endanger the health or safety of a clientele or population. (44) A physician must practice his profession in accordance with the highest possible current medical standards."
Finally: "(58) A physician must, when the death of a patient appears to him to be inevitable, act so that the death occurs with dignity. He must also ensure that the patient obtains the appropriate support and (pain) relief." Obviously, article 58 does not allow 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? People have a right to have their suffering treated at the end of life and not their lives ended prematurely.
There exists a real and imminent danger that the proposed euthanasia law will prematurely end lives of the more vulnerable including handicapped persons. Experience and studies internationally demonstrate that opening the door to euthanasia will lead to expansion to those who are tired of life or depressed and even children. The Quebec Human Rights and Youth Commission has already indicated to the Government that it would be discriminatory not to extend the right to euthanasia to, among other groups, Quebec children.
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
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