Quebec court rules assisted suicide can proceed, first in Canada

By Allison Lampert and Randall Palmer
MONTREAL/OTTAWA, Dec 22 (Reuters) - Quebec can implement
Canada's first law permitting physician-assisted suicide, while
the federal government decides on a framework for how to handle
the tricky ethical issue, the Quebec Court of Appeal ruled on
Tuesday.
"Today's decision confirms that the law will continue to
apply," said Jolyane Pronovost, a spokeswoman for Quebec Justice
Minister Stephanie Vallee.
But contradictory legislation on the books leaves open the
possibility that Quebec doctors who help patients die could be
guilty federally while innocent provincially.
In February, Canada's Supreme Court overturned a ban on
euthanasia but suspended the application of its decision for a
year to let Parliament draft new rules for when assisted suicide
would be allowed, meaning the current federal law remains in
force for now.
The Quebec court overturned a lower court decision that had
left the provincial law in legal limbo. Quebec's legislation was
supposed to take effect on Dec. 10 but euthanasia opponents had
contested it, saying it conflicts with Canada's criminal code.
A spokesman for the federal government said it was reviewing
Tuesday's decision.
Pronovost said she was not concerned about Quebec doctors
being sued or threatened with prosecution by performing
euthanasia. Quebec has argued that euthanasia is a form of
medical care, which falls under provincial jurisdiction.
Canada's new Liberal government has asked the Supreme Court
for a six-month extension on enacting legislation, saying last
year's election and the change of government set back drafting
of replacement rules.
Paul Saba, a Montreal family doctor who challenged the
Quebec law in the lower court, said he would return to that
court next year in a new legal bid to stop legalized euthanasia.
Saba and handicapped Quebecer Lisa D'Amico first sought
legal action in that court in May 2014 to stop the provincial
law.
"Euthanasia is a cheap and fast way to end suffering," he
said. "We are fighting for patients' lives."
Saba said he would argue that euthanasia is not a form of
health care and Quebecers are not able to make a free choice
when asking for assisted suicide because of errors by doctors in
prognosis and diagnosing patients' condition, along with
inadequate palliative care.
Quebec Health Minister Gaetan Barrette, an advocate of the
provincial law, told CBC television that while there will never
be unanimity of views on such a topic, "there was a very, very
large consensus."
The name of Tuesday's decision is Quebec (Attorney General)
v. D'Amico. The case number is 500-09-025747-155.