Criminal Law 

In the context of the rapidly expanding, largely unbridled, #euthanasia #MAID practice in Canada, some MAID expansionists continue to deny that there are problems, notwithstanding accumulating reports of euthanasia for lack of social support and adequate health care. They often employ the rhetoric of 'anecdotes are not evidence', with some even naively pointing to a lack of successful prosecution. A critical analysis of a unique Belgian criminal case involving euthanasia by colleagues Marc De Hert, Sien Loos, Sigrid Sterckx,  Eric Thys, and Kristof Van Assche of the Universities of Leuven, Antwerpen, and Gent, is in that context uniquely valuable. See hereafter my JOTWELL review discussing why it should be read, particularly also in the context of the Canadian debate:

Justice Minister David Lametti announced today the introduction of a bill which would delay by one year, until March 2024, the scheduled implementation of MAID for sole reasons of mental illness. Until today, the federal government had repeatedly suggested it was bound by 'the courts' to expand MAID and to make MAID also available for persons whose sole underlying medical condition is mental illness. Minister Lametti even stated in an interview for a recent investigative documentary of CBC's The Fifth Estate, which revealed troubling components of the current MAID practice, that the Supreme Court had recognized 'a right to suicide' and that MAID was a 'species of suicide'. He made similar statements in an interview for a podcast with Althia Raj of the Toronto Star. With some colleagues of other law faculties, we drafted a letter to Prime Minister Trudeau, Ministers Lametti, Duclos, Qualtrough and Bennett, to challenge this problematic and in our view unfounded rhetoric of 'our hands are tied by the courts'.

MAID in Canada at the Intersection of Poverty and Disability