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Tako Van Popta

Replying to Garnett Genuis (Conservative)
“Mr. Speaker, there has been some confusion in the debate tonight around the issue of whether a person could withdraw consent if they make an advance directive. Let us clear it up. If I sign an advance directive today but three weeks later, still having capacity, think I actually do not want to do this anymore, could I withdraw my advance directive? Yes, I could. However, if a person signs an advance directive and then loses capacity, they are not in a position to withdraw it. In addition, if a person does not want MAID at the time they are about to receive it, they could still be given MAID, because there would be no requirement to tell them what is about to happen to them. Yes, if the person resists physically in the moment, the legislation would require that the process of MAID stop, but if a person is simply told— An hon. member: Oh, oh! Garnett Genuis: Mr. Speaker, I hear the member saying, “needle in the skin”. There does not have to be a needle in the skin to administer MAID. Someone could already be on an IV, and the content of the IV could be changed. There would be no requirement to tell someone what is about to happen, which is clearly concerning in terms of the right to withdraw consent, is it not?”

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Mr. Speaker, my colleague’s question is central to the issue of medical assistance in dying, MAID. The Carter case said that MAID can be applied only when the person clearly consents. Being able to change their mind is part of that autonomy. If a patient cannot withdraw their consent, there is no longer autonomy. I think it goes against the Carter case. It certainly goes against ethics and moral law.