Medical Assistance in Dying and 'Suicide Tourism' to Canada: Bill C-14 from a Comparative Perspective

Journal of Ethics in Mental Health, 2016

Harvard Public Law Working Paper No. 16-44

6 Pages Posted: 23 Aug 2016 Last revised: 13 Dec 2016

See all articles by Konstanin Tretyakov

Konstanin Tretyakov

Harvard University - East Asian Legal Studies

I. Glenn Cohen

Harvard Law School

Date Written: July 31, 2016

Abstract

Bill C-14 was introduced by the government of Canada in the aftermath of the Supreme Court’s decision which legalized physician-assisted dying in Canada. This article compares the Bill with the decision of the Supreme Court (Carter v. Canada (Attorney General)) and tracks some of the important ways that the proposed Bill departs from the Carter decision. The Article also explores the ways in which the regime proposed under the Bill is both more and less restrictive than the U.S. states that have adopted regimes for assistance in dying. The article also analyzes the approach the Bill has taken to exclude non-citizen non-residents from using assistance in dying in Canada and whether this exclusion is in tension with the spirit of Carter. Finally, the article examines potential constitutional challenges should the Bill become law.

Keywords: assisted suicide, end of life, Canada, comparative, medical tourism, euthanasia

Suggested Citation

Tretyakov, Konstanin and Cohen, I. Glenn, Medical Assistance in Dying and 'Suicide Tourism' to Canada: Bill C-14 from a Comparative Perspective (July 31, 2016). Journal of Ethics in Mental Health, 2016, Harvard Public Law Working Paper No. 16-44, Available at SSRN: https://ssrn.com/abstract=2816582

Konstanin Tretyakov

Harvard University - East Asian Legal Studies ( email )

1653 Massachusetts Avenue
Cambridge, MA 02138
United States

I. Glenn Cohen (Contact Author)

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States

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