Euthanasia & Suffering Rels 300 / Nurs 330 February 2016 Euthanasia & Suffering

Of Life and Death http://www. parl. gc Ch. VII: Assisted Suicide http://www.parl.gc.ca/35/1/parlbus/commbus/sen ate/com-e/euth-e/rep-e/lad-e.htm#vii Ch. VIII: Euthanasia http://www.parl.gc.ca/35/1/parlbus/commbus/sen ate/com-e/euth-e/rep-e/lad-e.htm#viii 300/330 - appleby

Definitions, Of Life and Death Assisted suicide = the act of killing oneself intentionally with the assistance of another who provides the means, the knowledge, or both Euthanasia = the deliberate act undertaken by one person with the intention of ending the life of another person in order to relieve that person’s suffering where that act is the cause of death

Views of Senate Committee Members on Euthanasia OPPOSE VOLUNTARY EUTHANASIA: most pain & suffering can be relieved risks for vulnerable; pressure to relieve burden of care for loved ones challenge to fundamental value of life a 2nd person is the agent of death 300/330 - appleby

Views of Senate Committee Members on Euthanasia SUPPORT VOLUNTARY EUTHANASIA: respect autonomy alleviate suffering permit voluntary choice by competent persons involuntary euthanasia prohibited nonvoluntary euthanasia prohibited, but lesser charge 300/330 - appleby

Euthanasia “The members are of the view that there is a difference between a killing motivated by compassion or mercy and other forms of murder.” … “…a less severe penalty should be imposed than is presently provided in the Criminal Code in cases involving an element of compassion or mercy.” http://www.parl.gc.ca/35/1/parlbus/commbus/senate/Com-e/euth-e/rep-e/lad-e.htm#viii 300/330 - appleby

Senate Committee Recommendations euthanasia Senate Committee Recommendations Nonvoluntary euthanasia in cases of pain and suffering: new category of murder charge = compassionate homicide with less severe penalty Voluntary euthanasia majority = still homicide, but with less severe penalty minority = permit voluntary euthanasia Involuntary euthanasia prohibited 300/330 - appleby

Is Euthanasia compatible with the aims of medicine? YES – Euthanasia is consistent with the following aims of medicine: NO - Euthanasia is not consistent with the aims of medicine because: 300/330 - appleby

Robert and Tracy Latimer Case Study in End-of-Life Care

23 November 1980 Tracy Latimer is born Due to oxygen deprivation at birth, she has severe cerebral palsy She is a spastic quadriplegic with global mental impairment Her cerebral palsy is an increasingly degenerative condition By 4 months old, Tracy was experiencing continuous convulsions With medication, seizures were reduced to 5 or 6 each day 300/330 - appleby

Surgical Intervention Age 4 abductor muscles surgically cut to release tension induced by muscle atrophy Surgical Intervention 300/330 - appleby

Further limitations Pain relief - Due to anti-seizure and anti-convulsant medication, nothing stronger than regular strength Tylenol could be tolerated Tracy lived with constant pain and seizures Spinal scoliosis developed Seizures became more intense and frequent Further atrophy led to muscle detachment from bone Further limitations 300/330 - appleby

Surgical interventions Age 10 Muscles again cut to relieve muscle tension and try to prevent hip dislocation Spinal scoliosis becoming more severe – crushing internal organs Age 12 Stainless steel rods are surgically implanted on either side of her spine Rods are supported by wiring through holes drilled into her pelvic bones Surgical interventions 300/330 - appleby

Deteriorating condition Acute, unrelieved pain Pressure sores; skin breaking down Right hip fully dislocates Pelvic bolts protruding into hip; ball joint is destroyed Unable to rest or sleep due to pain Severe loss of weight Bones, organs and skin all deteriorating Deteriorating condition 300/330 - appleby

12-year-old Tracy Tracy weighed 40 lbs. and functioned at the level of a three- month-old. She had been repeatedly operated on and at the time of her death was due for more surgery, this time to remove a thigh bone. She could not walk, talk or feed herself, though she responded to affection and occasionally smiled. Tracy was in constant, excruciating pain. 300/330 - appleby

Robert Latimer Faced with yet another radical surgery and intimate knowledge of Tracy’s constant pain, disabilities and poor quality of life, Robert felt that the most compassionate plan was to end her suffering by ending her life. Oct. 24, 1993: Latimer kills his daughter Tracy by placing her in his truck and piping carbon monoxide into it. Nov. 16, 1994: Jury convicts Latimer of second degree murder. 300/330 - appleby

July 18 1995: Saskatchewan Court of Appeal decides 2- 1 to uphold Latimer’s conviction. Oct. 25, 1995: Prosecutor interfered with jury by questioning them about religion, abortion and mercy killing. Nov. 27, 1996: Supreme Court of Canada hears Latimer case. Feb. 6, 1997: Supreme Court orders new trial due to jury interference, but upholds Latimer's confession. 300/330 - appleby

Oct. 27, 1997: Latimer's second trial begins Nov Oct. 27, 1997: Latimer's second trial begins Nov. 5, 1997: Jury finds Latimer guilty of second-degree murder and recommends eligibility for parole after one year. Dec. 1, 1997: Judge Ted Noble gives Latimer "constitutional exemption," orders sentence of two years, with one to be spent in the community. “[T]he evidence establishes Mr. Latimer was motivated solely by his love and compassion for Tracy… … I must substitute a sentence which is appropriate and just in the circumstances.” 300/330 - appleby

Latimer appeals to the Supreme Court of Canada. Nov. 23, 1998: Saskatchewan Court of Appeal upholds mandatory sentence of at least 10 years. Feb. 1999: Latimer appeals to the Supreme Court of Canada. 300/330 - appleby

Jan. 18, 2001: Supreme Court of Canada upholds life sentence, with no parole for 10 years. May 6, 1999: Supreme Court announced it will hear an appeal of Robert Latimer's sentence for 1993 killing of his seriously disabled daughter. June 14, 2000: Supreme Court hears appeal. 300/330 - appleby

You be the Judge What would you have decided? latimer You be the Judge What would you have decided? convicted, and given a life sentence with no parole for 15 years? exempted from prosecution on compassionate grounds? convicted, but given clemency? Robert Latimer should be: acquitted? convicted of a lesser charge? convicted, but given a lenient sentence? convicted, but served no prison time? 300/330 - appleby

How did it end? In December 2007, after 7 years in custody, the National Parole Board examined Robert Latimer to determine if his release from custody would endanger the community. Latimer continued to maintain that Tracy’s death was an act of mercy. The Parole Board refused to grant parole because Latimer was not remorseful about his actions. Latimer successfully appealed the Board decision and was released to serve day parole. He lived in a half-way house in Ottawa, and then applied to move to BC. He applied for full parole in November 2010. 300/330 - appleby

6 December 2010: Latimer is released on full parole He served 10 years of his life sentence. Justice Ted Noble would have exempted him from the 15-year minimum sentence for 2nd degree murder. The jury at his first trial recommended a 2-year sentence, with the 2nd to be served under house arrest. Noble viewed Latimer as “a loving and protective parent” who performed “a rare act of homicide that was committed for caring and altruistic reasons…called compassionate homicide.” Disability rights activists maintained that a lesser conviction and sentence would endanger all disabled people. What do you think? 300/330 - appleby

Latimer still defends killing daughter Saskatchewan farmer says 'I know I was right' CBC News - Posted: Feb 17, 2011 8:17 PM ET http://www.cbc.ca/news/ca nada/montreal/story/2011/02 /17/robert-latimer-defends- decision-to-kill-disabled- daughter.html (7:15) Full interview (41:35) at http://www.radio- canada.ca/emissions/24_h eures_en_60_minutes/2010- 2011/Entrevue.asp?idDoc= 135318 300/330 - appleby

Bryson & Linde Brown – parents of disabled son “We feel nothing but sorrow and sympathy for the Latimers, who had to face this choice within a system that gave them no escape from Tracy's suffering -- ongoing, terrible suffering that they had been unable to control. “The self-righteous representatives of the disabled community shame themselves with their cruel rhetoric. They repeatedly describe what Robert Latimer did as the murder of his "disabled daughter." But the evidence shows it was her suffering, not her disability, that moved Mr. Latimer to his desperate act.” 300/330 - appleby

Loïse Lavallée – parent of daughter with severe cerebral palsy “Robert and Laura Latimer cared for their daughter Tracy with undying tenderness and love, they accompanied her in her struggles, in her small daily joys and in her suffering…they loved and took care of her; they fought for her; they kept her by their side and put her well-being before their own without ever tiring. For 12 long years. “[T]heir devotion, their tenderness towards their daughter was well known: parents, friends, neighbours and the medical team all agree that Tracy couldn't have received better care. “ Robert Latimer’s “act was a gesture of exceptional love and compassion.” 300/330 - appleby

What do you think? Should the Criminal Law be changed to allow for medical assistance in dying in a case such as Tracy Latimer’s? 300/330 - appleby