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'My Advocacy is Not About Me, My Advocacy is About Canadians': A Qualitative Study of how Caregivers and Patients Influence Regulation of Medical Assistance in Dying in Canada.

Authors :
Jeanneret, Ruthie
Close, Eliana
Downie, Jocelyn
Willmott, Lindy
White, Ben P
Source :
Medical Law Review. Summer2024, Vol. 32 Issue 3, p301-335. 35p.
Publication Year :
2024

Abstract

Medical assistance in dying (MAiD) was legalised federally in Canada after the Supreme Court decision in Carter v Canada (Attorney General) [2015] 1 SCR 331. The federal legislative framework for MAiD was established via Bill C-14 in 2016. Caregivers and patients were central to Carter and subsequent litigation and advocacy, which resulted in amendments to the law via Bill C-7 in 2021. Research has primarily focused on the impacts of regulation on caregivers and patients. This qualitative study investigates how caregivers and patients influence law reform and the operation of MAiD practice in Canada (ie, behave as 'regulatory actors'), using Black's definition of regulation. We found that caregivers and patients performed sustained, focused, and intentional actions that influenced law reform and the operation of MAiD in practice. Caregivers and patients are not passive objects of Canadian MAiD regulation, and their role in influencing regulation (eg, law reform and MAiD practice) should be supported where this is desired by the person. However, recognising the burdens of engaging in regulatory action to address barriers to accessing MAiD or to quality care, and MAiD system gaps, other regulatory actors (eg, governments) should minimise this burden, particularly where a person engages in regulatory action reluctantly. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09670742
Volume :
32
Issue :
3
Database :
Academic Search Index
Journal :
Medical Law Review
Publication Type :
Academic Journal
Accession number :
179281443
Full Text :
https://doi.org/10.1093/medlaw/fwae012