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Link for video: https://www.bitchute.com/video/Zjpd30tT12w/
From the Canadian government’s Parliamentary Review of ‘Mature Minors’:
On March 17, 2021, Bill C-7 received Royal Assent, a huge milestone for medical assistance in dying (MAID) and end-of-life rights in Canada. With the new law in place, the next step is the Parliamentary Review committed to in the Bill. The review includes eligibility for MAID of mature minors and those with a mental illness, advance requests for MAID, the state of palliative care and the protection of Canadians living with disabilities.
As part of our mission to educate and share knowledge, we are examining each issue of the Parliamentary Review in a series of blog posts. We hope to give Canadians insight into the reason for, and importance of each issue. We also hope you will be motivated to advocate for one, or all of the issues by engaging your member of parliament in the coming months.
In this blog post, we will discuss mature minors and MAID.
In February 2016, Parliament’s Special Joint Committee on Physician-Assisted Dying tabled their report on the proposed MAID legislation and what it should address. The Committee recommended a phased approach for minors: the law should be limited to competent adults 18 years or older in the first instance; the government should commit to a study of the moral, ethical and legal issues relating to the concept of “mature minor” and any appropriate standards to determine the competence of those under 18; and the legislation should then be amended to include mature minors.
The Council of Canadian Academies completed a comprehensive study of the domestic law regarding mature minors, as well as a comparative study of assisted dying laws as they apply to minors in other countries, and submitted their findings to the federal government in December 2018.
In many jurisdictions across Canada, mature minors already have the right to make important decisions regarding their care. This includes the right to consent to or refuse lifesaving medical treatment. In determining any challenges to the presumption of capacity to make these decisions, the courts look to age, maturity, intellect, life experience and the psychiatric, psychological and emotional state of the minor. They also consider whether the minor is able to understand the short and long-term consequences of their illness and proposed treatment, and the broader consequences of their decisions such as any impact on others.
DWDC position on eligibility for mature minors
DWDC agrees that the existing eligibility requirement that the person have a grievous and irremediable medical condition should apply to mature minors.
DWDC acknowledges that Canadian society will likely expect a minimum age for mature minors in the legislation, even though the emphasis at common law is on capacity and maturity and not chronological age. For this reason, DWDC asks that Parliament amend the existing age requirement of 18 years of age to extend it to persons: “at least 12 years of age and capable of making decisions with respect to their health.” As with adults, there should be a presumption of capacity for these minors.
DWDC’s position on safeguards for mature minors
DWDC is of the view that the safeguards that exist now are acceptable for eligible mature minors.
DWDC recommends that the informed consent of a competent parent or guardian be required for eligible minors seeking MAID who are 12 to 15 years of age inclusive, and that MAID assessors be required to consult a competent parent or guardian for eligible minors aged 16 and 17.
Read full article here: https://www.dyingwithdignity.ca/blog/pr_mature_minors/