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N u m b e r 163 june 2015

Two weeks ago, I received a phone call from Diana who is the legal Power of Attorney for her Aunt Clare. Clare was in the hospital in St. Catharines, Ontario.

Diana needed advice and support after a doctor placed a DNR order and the hospital refused to provide oxygen as-sistance for Clare. The doctor and the hospital did not con-sult Diana who is the legal Power of Attorney.

Diana said that the doctor claimed that Clare (who had been considered incompetent) agreed to have treatment with-drawn even though she had clearly stated in the past that she wanted medical treatment and did not want a DNR.

Diana wanted to know how to protect the rights of Clare to re-ceive treatment and her rights as the legal Power of Attorney.

I advised Diana to hire a competent lawyer, but Diana did not have the financial ability to do so.

The Euthanasia Prevention Coalition (EPC) and Compas-sionate Community Care (CCC) got involved.

With Diana’s approval, EPC and CCC contacted the most experienced lawyer in Ontario to handle the case.

EPC sent an appeal to our supporters asking for donations for the legal costs.

The doctor and the hospital brought the case to the Consent and Capacity Board of Ontario.

At the pre-trial hearing there was doubt that Clare was competent when the doctor said that she had agreed to have treatment stopped. Diana was represented by our lawyer and EPC was paying for the legal costs.

Due to the upcoming Board hearing, the hospital agreed to provide treatment for Clare until the Board made a deci-sion. Now that Clare was receiving medical treatment, she began to recover.

At the same time CCC maintained contact and support and helped Diana prepare for the Board hearing.

Clare continued to improve. On May 20, Clare was assessed as mentally competent. After being questioned, with lawyers

present, it was determined that Clare wanted to receive med-ical treatment, that Diana was acting on her behalf and she did want Diana to continue as her Power of Attorney.

We won the case, we protected the right of the Aunt to re-ceive medical treatment, and we upheld the right of the niece to make medical care decisions on behalf of the Aunt (if the Aunt becomes incompetent) without having to go to trial.

The donations that we have received, so far, are not suf-ficient to pay for the legal expenses. Please donate to the Euthanasia Prevention Coalition legal fund.

EPC sells the Life Protecting Power of Attorney for Personal Care for $25 to protect your rights. Order the Life Protecting Power of Attorney at: 1-877-439-3348 or info@epcc.ca.

The Life Protecting Power of Attorney protects you from euthanasia and assisted suicide; it defines the treatment decisions that you would want; it enables you to appoint someone to be your Power of Attorney for Personal Care; and it determines how these decisions are to be made.

The Life Protecting Power of Attorney also gives you the peace of mind that EPC will help you if your expressed wishes are ignored or if a hospital or doctor decides to im-pose decisions upon you.

EPC works with Compassionate Community Care to offer practical advice and support when you or a loved one is faced with difficult medical decisions, or if you are con-cerned that a friend or a loved one is being denied basic care or is being euthanized.

Contact CCC at: 1-855-675-8749. Visit the website at: www.compassionatecommunitycare.org

we protected the rights ofa woman to receive Care

Euthanasia Prevention Coalition Newsletter – 163 – june 20152

The National Post has published an insightful article by Dr Harvey Cho-chinov, concerning Steven Fletcher, euthanasia and assisted suicide.

Chochinov, who is Canada’s Research Chair in Palliative Care, begins the article by stating how much he ad-mires Steven Fletcher. He continues by offering an explanation of why the leaders of the disability community oppose euthanasia and assisted sui-cide. Chochinov states:

According to a recent IPSOS Reid poll, nearly 70 per cent of Canadians support the availability of death hastening alternatives for people living with significant disabilities that might impair their quality of life. In other words, Canadians find it inconceivable to imagine themselves confined to a body that even remotely approximates the one Fletch-er now permanently resides in. While the majority of Canadians admire him, at some level I suspect they are afraid of the abject vulnerably his life proves is possi-ble within the repertoire of human experience. This fear is so deeply seated that they imagine themselves pre-ferring death. For anyone wondering why physician-hastened death makes disabled people feel vulnerable, wonder no more.

Chochinov continues the article by comparing the personal experience of most people with significant disabilities to that of Fletcher:

Human beings are not good at predicting how they will react in circumstances that have yet to unfold. While Fletcher argues that death should sometimes trump dis-ability, studies of people who become disabled due to spinal injuries, head trauma or strokes, offer a strik-ingly different perspective. Just under 10 per cent of these patients become suicidal and the majority relin-quish their wish to die within a year or two. In his bi-ography, What Do You Do If You Don’t Die?, Fletcher recounts suicidal thoughts that lingered long after his catastrophic accident. He says that had doctor-assisted suicide been an option after his 1996 car accident, he would have considered signing up and checking out. Thankfully it was not. His recovery took determination and strength, but such is the stuff that Steven Fletcher is made of. It also took the support of family and friends, the unwavering commitment of medical professionals and it took time.

Chochinov then explains how legaliz-ing euthanasia or assisted suicide will change medicine:Those of us working in healthcare understand that life-altering illness, trauma or anticipation of death can sometimes sap will to live. In those instances, health-care providers are called upon to commit time; time to manage distress, provide unwaver-ing support and to assuage fear that patients might be abandoned to their hopelessness and despair. That is the essence of how medicine has tradi-

tionally responded to suffering. Stop-ping time by way of arranging the patient’s death has never been part of that response. In light of the deci-sion by the Supreme Court, we must now contemplate Canada’s future euthanologists. ...

Chochinov continues by recounting his responses to Fletch-er at a recent debate in Ottawa:

Fletcher said he did not want to die drowning in his phlegm and in pain. I assured him, on behalf of Can-ada’s palliative care community, that we would not let that happen. He said that he did not want to be reliant on machines to keep him alive. I told him that compe-tent Canadians, under our current laws, are entitled to refuse or discontinue treatment, including life-sustain-ing measures. He described autonomy as a core Cana-dian value. I reminded him that autonomy has its limits, particularly when it causes others to feel more vulner-able and implicates the physician’s role in response to suffering.

Chochinov concludes by quoting from that same recent de-bate with Fletcher:

With too few Canadians having access to palliative care, little wonder that people are afraid. Offering the option to have their physician end their lives feels akin to confronting homelessness by eliminating guardrails from bridges. Nonetheless, Fletcher feels that safe-guards, such as a “cooling off” period to establish that a request to die is sincere, not coerced and sustained are possible. If so many in your circumstance change their mind, I asked him, do we now require a two-year waiting period? His response was, “maybe.”

Maybe? Fletcher’s euthanasia bill that is before parliament lacks a waiting period.

Harvey Chochinov, Steven Fletcher, Euthanasia and Assisted Suicide

Dr Harvey Chochinov

Euthanasia Prevention Coalition Newsletter – 163 – june 2015 3

2015 Hope International Symposiumin Australia was phenomenal

The 2015 HOPE Symposium was the fourth International Symposium and it was “sold out” requiring organizers to stop accepting registration a week before the event. The HOPE Symposium featured a two day schedule.

Friday, May 22 featured a leadership session and a medical session.

The Saturday event was packed with people with a back-to- back-schedule of talks.

The morning featured the most moving presentations I had ever heard. Marie Gleeson spoke about her mother’s death and Judi Taylor spoke about the death of her son. Both deaths were counselled by Philip Nitschke, Australia’s Dr Death.

The two emotionally packed talks were followed by a presentation by Professor Tom Mortier, who told the story of his mother, who was depressed and died by euthanasia in Belgium.

The Symposium continued with several speakers talking about the current status of euthanasia and assisted suicide in their countries.

The afternoon featured excellent presentations by disability rights leader Daniel Pask, palliative care physician Dr Paul Dunne, Netherlands’ Henk Reitsma who has uncovered the abuse of sedation and pain drugs and Alex Schadenberg who spoke about the abuse of the euthanasia laws in Belgium and the Netherlands, based on the data from recent studies.

Professor Kevin Yuill, the author of Assisted Suicide: The Liberal, Humanist Case Against Legalization, did an ex-cellent presentation from a purely liberal and secular point

of view. The interest in his talk led to the sale of all of his books and a strong discussion among the par-ticipants during the dinner.

Catherine Glenn Foster (ADF) gave an insightful presentation with effective talking points and stories against assisted suicide.

The conference ended with the Hon Kevin Andrews speaking to us about how he led the campaign to overturn the northern territories’ euthanasia law in 1997.

Andrews, who is currently Australia’s defense minister, shared with us the intimate details of the campaign to over-turn the euthanasia law and his insight into what constitutes an effective campaign.

We would like to thank Paul Russell and HOPE Australia for hosting the International Symposium.

Protecting People Pamphlets

The Protecting People from Eutha-nasia and Assisted Suicide pamph-let is updated based on the Supreme Court of Canada’s decision and ref-erences new studies on the abuses of euthanasia and assisted suicide in jurisdictions where they are legal.

The Protecting People pamphlet is designed to counter the false ideas and the intentional confusion that sur-

round the issues of euthanasia and assisted suicide.

The Protecting People pamphlet can be ordered for $25 for 100 copies or $100 for 500 copies (plus postage).

Do Not Kill Me T-shirts

Do Not Kill Me - I Oppose Euthanasia and Assisted Sui-cide T-shirts were a hit during the last couple of events!

You can order them for $20 (plus shipping). Bulk rates are available.

We have 4 sizes (S, M, L, XL) and 3 colors available right now: white, light pink and light blue.

Call EPC at: 1-877-439-3348 or email at: info@epcc.ca

Order Kevin Yuill’s Book

Kevin Yuill is a Canadian, who is a history professor at the University of Sunderland (UK). Yuill wrote the book: Assisted Sui-cide: The Liberal, Humanist Case Against Legalization. This book can be purchased from EPC for $35 (includes shipping.)

Yuill spoke at the 2015 HOPE Symposium.

To order call EPC at: 1-877-439-3348 or email at: info@epcc.ca

Kevin Yuill

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Sutton Group Preferred RealtyLondon ON • 519-471-8888

Place Your Ad Here Call Our Office

Reach Our ReadersLondon ON • 1-877-439-3348

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By Dr Jacqueline Harvey

The Texas House of Representa-tives and Senate have passed House Bill 3074, which is groundbreak-ing legislation that would end the forced withdrawal of feeding tubes by medical facilities in Texas. HB 3074 by Representative Drew Springer and proudly endorsed by Euthanasia Prevention Coalition (EPC) will stop involuntary eutha-nasia by dehydration. HB 3074

is now being considered by Governor Greg Abbott. Once signed into law, HB 3074 will be the first successful reform to the Texas Advanced Directives Act since 2003.

Representative Springer’s bill boasts four joint authors and 80 co-authors - well over half of the 150 House representatives. But moreover, HB 3074 is the first end-of-life bill in 12 years that has garnered universal agreement among patient advo-cates, disability rights, prolife and religious organizations.

While these groups take different approaches to reforming broader aspects of Texas end-of-life law and have filed bills on those issues since 2003, Representative Springer found common ground in that all groups wish to protect patients from forced starvation and dehydration and could therefore support a bill like HB 3074 that accomplishes that singular but vital goal.

EPC wishes to congratulate and thank Representative Springer, Representative Harless, and State Affairs Com-mittee Chairman Byron Cook for their leadership and success passing HB 3074 to the Senate. EPC pledges its continued support in protecting people from forced de-hydration.

Dr. Jacqueline C. Harvey (Ph.D.) is a former faculty mem-ber at the University of North Texas, as well as the Uni-versity of Michigan-Dearborn. Harvey, in conjunction with the EPC - International, has authored definitive works on the Texas Advance Directive Act.

The assisted suicide bill was defeated in the Scottish parlia-ment by a vote of 82 – 36 on May 27.

The vote came several weeks after the Health and Sport Committee in Scotland rejected the assisted suicide bill because the language of the bill lacked clarity, lacked ef-fective protections and would be difficult to administer.

A few days before the defeat of the bill, the Law Society of Scotland spoke out against the bill. Alison Britton, the convener of the Law Society’s health and medical law com-mittee, said that the assisted suicide bill lacked clarity and would be difficult to enforce.

“We have said throughout the passage of this Bill that legislation in this area needs to be absolutely clear and those seeking to end their lives, and those who assist them, need a robust and transparent process to be cer-tain under which conditions it would be lawful for as-sistance to be provided. We remain concerned over the lack of definition of the key terms, such as ‘assistance’ and ‘life-shortening’

and the functions of the licensed facilitator are still un-certain. Lack of such clarity leads to ambiguity and leaves the legislation open to interpretation.”

Congratulations to Dr Gordon Macdonald and the Care Not Killing Alliance in Scotland who gathered 15,300 sig-natures opposing the assisted suicide bill.

EPC National Symposium

Save the date on October 31, 2015, mark your calendar and make plans to attend Euthanasia Prevention Coalition’s Na-tional Symposium in Montreal, Quebec.

Euthanasia Prevention Coalition, Living with Dignity (Quebec) and the Physicians’ Alliance Against Euthanasia are combining efforts to organize an historic conference.

Landmark Bill to Stop Forced Dehydration Passes Texas House, Heads to Senate and lands at governor’s desk

Assisted suicide bill defeated 82 – 36 in Scotland