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Law Right To Die

Dying Justice

A Case for Decriminalizing Euthanasia and Assisted Suicide in Canada

by (author) Jocelyn Downie

Publisher
University of Toronto Press
Initial publish date
Jun 2004
Category
Right to Die, Medical Law & Legislation
  • Hardback

    ISBN
    9780802037602
    Publish Date
    Jun 2004
    List Price
    $81.00
  • eBook

    ISBN
    9781442674141
    Publish Date
    Jan 2006
    List Price
    $80.00

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Description

The legal status of assisted death in Canada is in urgent need of clarification and reform. If this is to take place, however, the process must be informed by a careful, thorough, and thoughtful analysis of the issues. In Dying Justice, Jocelyn Downie provides an up-to-date and comprehensive review of significant developments in the current legal status of assisted death in Canada. She then recasts the framework for analysis in terms of the nature of the decision for assisted death. Refusals of treatment and requests for assisted suicide and euthanasia, the author believes, should be respected if they are made voluntarily by informed and mentally competent individuals.

No one has yet proposed a regime for Canada that is both less restrictive than the status quo with respect to assisted suicide and euthanasia and more restrictive with respect to the withholding and withdrawal of potentially life-sustaining treatment. On the basis of a thorough review of all of the major arguments made against permitting assisted suicide and euthanasia, Downie's regime permits some assisted suicide and euthanasia, but also sets out and insists upon a test that must be met before refusals of treatment would be respected.

About the author

Jocelyn Downie holds a Canada Research Chair in Health Law and Policy. She is a professor in the Faculties of Law and Medicine and a faculty associate of the Health Law Institute at Dalhousie University. She has an honours B.A. and an M.A. from Queen's University, an M. Litt from the University of Cambridge, and LL.B. from the University of Toronto, and an LL.M. and S.J.D. from the University of Michigan. Prior to her graduate work in law, she clerked for Chief Justice Lamer at the Supreme Court of Canada.

Professor Downie's research interests include assisted death, the governance of research involving humans, and women's health law and policy. Her current work is geared to contributing to the academic literature and affecting change in health law, policy, and practice.

Jocelyn Downie's profile page

Awards

  • Winner, Abbyann D. Lynch Medal in Bioethics