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Giving Death A Hand: The British Columbia Grandmother at the hear of an international network dealing with assisted suicide
Aired November 23,
2005 at 9pm
on CBC-TV

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Watch this story online.
REPORTER: Hana Gartner
PRODUCER: Kit Melmad

WEB EXCLUSIVE

Evelyn Martens speaks about her role in assisted suicide. Read her story and more of her interview with the fifth estate.


ASSISTED SUICIDE IN THE WORLD
In Canada, committing suicide is not illegal, but assisting a suicide is. On December 5, 2005, Members of Parliament are scheduled to vote on a private member’s bill, Bill C-407 , introduced by MP Francine Lalonde on June 15, 2005. The measure would permit a medical practitioner or someone assisted by a medical practitioner to aid another person to die if that person has a terminal illness or is experiencing severe physical or mental pain and "appears to be lucid" when he/she requests death.

If this bill were to become law, Canada would become one of five places in the world in which assisted suicide is not a crime. The others are the Netherlands, Belgium, the state of Oregon in the United States and Switzerland.

OREGON, U.S.A.
Legislation in Oregon allows any adult suffering from a terminal illness who is a resident of that state and whose diagnosed life expectancy is less than six months to obtain a prescription for drugs to end his or her life. Oregon's "Death with Dignity Act" became law in 1997 after voters twice had approved it at the polls by wide margins.

The Bush administration tried to strike down the law in 2002, but a federal court judge upheld it. So the federal government appealed to the Supreme Court. The court granted the appeal in February of this year and is supposed to be hearing the case soon.

THE NETHERLANDS
In 1995, medical guidelines regarding euthanasia were introduced that allowed physicians to assist patients who are terminally ill or suffering from a degenerative disease to do so without risk of legal action. These medical guidelines became the foundation for a Dutch law permitting both euthanasia and assisted suicide. The law came into effect in April of 2002.

The law states that that a physician can terminate a life or assist in a suicide with due care if the patient requests it, that the procedure be carried out in a medically appropriate fashion, and that the patient's suffering need only be defined as lasting and unbearable. This means there is no requirement that the suffering be physical or that the patient be terminally ill. The legislation also says that all other possible solutions have to be exhausted and the doctor must consult with, at least, one other medical practitioner before assisting in a suicide.

The legislation in the Netherlands also deals with the assisted suicide of children. Teenagers 16 to 18 years old may request and receive euthanasia or assisted suicide. A parent or guardian must have been involved in the decision process, but their consent is not required. And children 12 to 16 years old may request and receive euthanasia or assisted suicide. In these cases, a parent or guardian must agree with the termination of life or the assisted suicide.

BELGIUM
The legislation in Belgium is largely patterned on that of the Netherlands. It came into effect on September 23, 2002.

The legislation states that the patient must request to die, the suffering must be unbearable, and the clinical course hopeless. An independent physician must be consulted, and a third physician must be brought in for non-terminal cases.

When the legislation passed, Belgium became the second country after the Netherlands to vote to legalize euthanasia and assisted suicide.

SWITZERLAND
Switzerland is interesting for its differences. Like Canada, Switzerland does not consider suicide a crime. But unlike Canada, assisted suicide is only an offence in Switzerland if it is done for corrupt or selfish reasons. In Switzerland, assisted suicide can be performed by physicians and non-physicians. Switzerland is the only country that permits non-residents to apply for assisted suicide.

Under the Swiss protocol, any potential applicant must be at least 18 years of age and mentally competent. They must be seriously ill or in unbearable suffering with a poor prognosis and wishing to die. Diagnosis and prognosis must be confirmed by a doctor. When there is doubt, a team comprised of a lawyer, doctor and psychiatrist makes a joint decision.

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