Interpreting Eligibility Under the Medical Assistance in Dying Law: The Experiences of Physicians and Nurse Practitioners

McGill Journal of Law and Health, Forthcoming

60 Pages Posted: 1 Dec 2020

See all articles by Thomas McMorrow

Thomas McMorrow

University of Ontario Institute of Technology

Sabrina Tremblay-Huet

Université de Sherbrooke

Michaela Kelly

University of London

Date Written: October 6, 2020

Abstract

This study examines the experiences of physicians and nurse practitioners interpreting the statutory criteria determining patient eligibility for Medical Assistance in Dying (MAiD). The Criminal Code sets out what qualifies as “a grievous and irremediable medical condition”, which includes the requirement that a patient’s “natural death has become reasonably foreseeable” (NDRF). The Superior Court of Quebec struck down the provision as unconstitutional and the government responded by introducing Bill C-7 which now deploys the NDRF criterion in new ways. Ambiguity and controversy have attached to the phrase since the Government introduced Bill C-14 before Parliament in 2016. From January to March 2019, we conducted semi-structured interviews with twenty-four Canadian MAiD assessors and providers to find out how they interpret the relevant federal and provincial legislative provisions. Respondents included 9 doctors from Quebec where the provincial law differs from the Criminal Code. The article identifies differences in the eligibility regimes, while providing a detailed analysis of how health care practitioners interpret and apply the statutory requirements to determine patient eligibility for MAiD. Our findings shed new light on Truchon and Bill C-7, while offering insight into the on-the-ground experiences of health care professionals in this changing field of law.

Keywords: medical assistance in dying, eligibility, reasonably foreseeable natural death

Suggested Citation

McMorrow, Thomas and Tremblay-Huet, Sabrina and Kelly, Michaela, Interpreting Eligibility Under the Medical Assistance in Dying Law: The Experiences of Physicians and Nurse Practitioners (October 6, 2020). McGill Journal of Law and Health, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3705788 or http://dx.doi.org/10.2139/ssrn.3705788

Thomas McMorrow (Contact Author)

University of Ontario Institute of Technology ( email )

2000 Simcoe Street North
Oshawa, Ontario L1H 7K4
Canada

Sabrina Tremblay-Huet

Université de Sherbrooke

Canada

Michaela Kelly

University of London

United Kingdom

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