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Euthanasia, Suffering & Compassionate Care

Euthanasia, Suffering & Compassionate Care. Rels 300 / Nurs 330 November 2013. Of Life and Death http:// www.parl.gc.ca/content/sen/committee/351/euth/rep/lad-tc-e.htm. Ch . VII: Assisted Suicide http://www.parl.gc.ca/35/1/parlbus/commbus/senate/com-e/euth-e/rep-e/lad-e.htm#vii

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Euthanasia, Suffering & Compassionate Care

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  1. Euthanasia, Suffering& Compassionate Care

    Rels 300 / Nurs 330 November 2013
  2. Of Life and Deathhttp://www.parl.gc.ca/content/sen/committee/351/euth/rep/lad-tc-e.htm Ch. VII: Assisted Suicide http://www.parl.gc.ca/35/1/parlbus/commbus/senate/com-e/euth-e/rep-e/lad-e.htm#vii Ch. VIII: Euthanasia http://www.parl.gc.ca/35/1/parlbus/commbus/senate/com-e/euth-e/rep-e/lad-e.htm#viii 300/330 - appleby
  3. 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
  4. Views of Senate Committee Memberson 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
  5. Views of Senate Committee Memberson 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
  6. 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
  7. Senate Committee Recommendations Nonvoluntary euthanasia in cases of pain and suffering: new category of murder charge = compassionate homicidewith less severe penalty Voluntary euthanasia majority = still homicide, but with less severe penalty minority = permit voluntary euthanasia Involuntary euthanasia prohibited 300/330 - appleby
  8. 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

  9. Robert and Tracy LatimerCase Study in End-of-Life Care

  10. 23 November 1980Tracy 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
  11. Surgical Intervention Age 4 abductor muscles surgically cut to release tension induced by muscle atrophy 300/330 - appleby
  12. 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 300/330 - appleby
  13. 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 300/330 - appleby
  14. 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 300/330 - appleby
  15. 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
  16. Robert Latimer 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
  17. 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
  18. 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
  19. 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
  20. 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. Jan. 18, 2001: Supreme Court of Canada upholds life sentence, with no parole for 10 years. 300/330 - appleby
  21. You be the JudgeWhat would you have decided? Robert Latimer should be: acquitted? convicted of a lesser charge? convicted, but given a lenient sentence? convicted, but served no prison time? convicted, and given a life sentence with no parole for 15 years? exempted from prosecution on compassionate grounds? convicted, but given clemency? 300/330 - appleby
  22. 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 remorsefulabout 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
  23. 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
  24. Latimer still defends killing daughterSaskatchewan farmer says 'I know I was right'CBC News - Posted: Feb 17, 2011 8:17 PM ET http://www.cbc.ca/news/canada/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_heures_en_60_minutes/2010-2011/Entrevue.asp?idDoc=135318 300/330 - appleby
  25. Canadian Council of Canadians With Disabilities: Euthanasia/Assisted Suicide (8 June 1996) CCD is committed to the principles of self-determination…the principles of equality, personal security, freedom of conscience and human dignity. CCD believes that the devaluation of the lives and experiences of persons with disabilities has been used to justify acts of violence against people with disabilities CCD opposes actions that may serve to further devalue the lives of people with disabilities… or promote the negative stereotypes about people with disabilities as suffering individuals in need of state regulated assistance to end our lives. 300/330 - appleby
  26. Canadian Council of Canadians With Disabilities: Euthanasia/Assisted Suicide (8 June 1996) CCD opposes any government action which denies people with disabilities their constitutional rights to equality, personal security, and human dignity. CCD is committed to actions which promote a positive imageof persons with disabilities. CCD opposes government action to decriminalize assisted suicide because of the serious potential for abuse and the negative image of people with disabilities that would be produced 300/330 - appleby
  27. 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
  28. LoïseLavallée – 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

  29. 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
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