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Table of Contents
Intro
Foreword
Preface
Acknowledgements
Contents
Contributors
Part I MAID in Law and Regulations
1 Radical Autonomy in Supreme Court of Canada Jurisprudence
1.1 Introduction
1.2 Constitutional Liberal Democracies and Moral Anthropology
1.3 Radical Autonomy, Euthanasia and the Supreme Court of Canada
1.4 Radical Autonomy in Supreme Court of Canada Jurisprudence
1.5 Conclusion: Democracy and Parliamentary Supremacy by Subsidiarity
References
2 Carter v Canada: Exploring the Ebb and Flow of "Competing" Societal Values Through Sections 7 and 1 of the Canadian Charter of Human Rights and Freedoms
2.1 Introduction
2.2 The "Competing Values"
2.2.1 Brief Overview of the Claim
2.2.2 The "Competing Values"
2.2.3 The Relevant Statutory Provision: Criminal Code Section 241(b)
2.3 Section 7
2.3.1 The Analytical Framework
2.3.2 Section 7 Analysis
2.4 Section 1
2.4.1 Analytical Framework
2.4.2 Analysis
2.5 Final Thoughts
2.6 Recommendations
References
3 From a Court Judgement to Federal Law
3.1 Introduction
3.2 Carter v Canada and Bill C-14
3.3 Bill C-7 and Its Expansion of Eligibility for MAID
3.4 MAID in Canada and the Coming Invocation of the Notwithstanding Clause
References
4 "We Should Not Lightly Assume": A Review of Legislative, Regulatory and Jurisprudential Developments of MAID Safeguards
4.1 Introduction
4.2 The Federal Approach to Safeguards, Criminal Code of Canada, and MAID Regulations
4.2.1 Bill C-14: Exclusion from Criminal Liability and Eligibility Requirements
4.2.2 Bill C-14: Conditions of Eligibility
4.2.3 New Criminal Offences and Obligations to File Information
4.2.4 Bill C-7
4.2.5 MAID and Foreseeability: A Jurisprudential Perspective
4.2.6 Federal Government of Canada Regulations
4.3 Provincial Law and Regulations: An Overview
4.4 Quebec: Act Respecting End-of-Life Care
4.5 Findings and Recommendations
4.6 Conclusions
References
5 The "Reasonably Foreseeable Natural Death" Requirement in Bill C-7, and Expressivist Harm
5.1 The Emergence of the "Reasonably Foreseeable Natural Death" Requirement
5.2 Initial Rationales for, Defences, and Critiques of the "Reasonably Foreseeable Natural Death" Requirement in Bill C-14
5.3 Bill C-7: Repositioning of the Government on the "Reasonably Foreseeable Natural Death" Requirement
5.4 Refined Critiques of the Removal of the "Reasonably Foreseeable Natural Death" Requirement from a Disability Perspective
References
Part II Operational Issues in the MAID Program
6 Integrating Medical Assistance in Dying into Health Care: Processes and Challenges
6.1 MAiD Legislation in Canada
6.2 Practice Suggestions
6.3 Conclusion
References
Foreword
Preface
Acknowledgements
Contents
Contributors
Part I MAID in Law and Regulations
1 Radical Autonomy in Supreme Court of Canada Jurisprudence
1.1 Introduction
1.2 Constitutional Liberal Democracies and Moral Anthropology
1.3 Radical Autonomy, Euthanasia and the Supreme Court of Canada
1.4 Radical Autonomy in Supreme Court of Canada Jurisprudence
1.5 Conclusion: Democracy and Parliamentary Supremacy by Subsidiarity
References
2 Carter v Canada: Exploring the Ebb and Flow of "Competing" Societal Values Through Sections 7 and 1 of the Canadian Charter of Human Rights and Freedoms
2.1 Introduction
2.2 The "Competing Values"
2.2.1 Brief Overview of the Claim
2.2.2 The "Competing Values"
2.2.3 The Relevant Statutory Provision: Criminal Code Section 241(b)
2.3 Section 7
2.3.1 The Analytical Framework
2.3.2 Section 7 Analysis
2.4 Section 1
2.4.1 Analytical Framework
2.4.2 Analysis
2.5 Final Thoughts
2.6 Recommendations
References
3 From a Court Judgement to Federal Law
3.1 Introduction
3.2 Carter v Canada and Bill C-14
3.3 Bill C-7 and Its Expansion of Eligibility for MAID
3.4 MAID in Canada and the Coming Invocation of the Notwithstanding Clause
References
4 "We Should Not Lightly Assume": A Review of Legislative, Regulatory and Jurisprudential Developments of MAID Safeguards
4.1 Introduction
4.2 The Federal Approach to Safeguards, Criminal Code of Canada, and MAID Regulations
4.2.1 Bill C-14: Exclusion from Criminal Liability and Eligibility Requirements
4.2.2 Bill C-14: Conditions of Eligibility
4.2.3 New Criminal Offences and Obligations to File Information
4.2.4 Bill C-7
4.2.5 MAID and Foreseeability: A Jurisprudential Perspective
4.2.6 Federal Government of Canada Regulations
4.3 Provincial Law and Regulations: An Overview
4.4 Quebec: Act Respecting End-of-Life Care
4.5 Findings and Recommendations
4.6 Conclusions
References
5 The "Reasonably Foreseeable Natural Death" Requirement in Bill C-7, and Expressivist Harm
5.1 The Emergence of the "Reasonably Foreseeable Natural Death" Requirement
5.2 Initial Rationales for, Defences, and Critiques of the "Reasonably Foreseeable Natural Death" Requirement in Bill C-14
5.3 Bill C-7: Repositioning of the Government on the "Reasonably Foreseeable Natural Death" Requirement
5.4 Refined Critiques of the Removal of the "Reasonably Foreseeable Natural Death" Requirement from a Disability Perspective
References
Part II Operational Issues in the MAID Program
6 Integrating Medical Assistance in Dying into Health Care: Processes and Challenges
6.1 MAiD Legislation in Canada
6.2 Practice Suggestions
6.3 Conclusion
References