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Bell: Smith willing to fight for Alberta law restricting doctor-assisted deaths

Alberta's new law on doctor-assisted death, the Smith government is ready for any blowback

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Alberta Premier Danielle Smith has dropped the gloves before. She has no problem dropping them again.

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Smith and her government are rolling out a new law. It intends to rein in doctors helping Albertans kill themselves.

Bell: Smith willing to fight for Alberta law restricting doctor-assisted deaths Back to video

The practice has a softer name than the actual act. It is called MAID. Medical Assistance in Dying.

The story hit the street in this column Tuesday night.

The federal government in Ottawa says Smith can do what she is doing.

But there are those predicting this law will almost certainly face a legal challenge.

Is the premier prepared to use all the tools in her toolbox if the courts get involved?

Smith believes the new law to restrict when doctor-assisted deaths can happen is “reasonable and justified.”

The premier is confident the law will stand but, she adds: “The courts will do what the courts will do and I guess we will see what kind of judgment they make.”

And we all know the premier knows there is the big button in Canadian law labelled Notwithstanding Clause.

Smith can push that button and override the courts if they go against Alberta.

“Ultimately the notwithstanding clause puts the power back in the hands of those who are duly elected,” says Smith.

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“It is the folks facing re-election who should be the ones making the final decision and if the public disagrees they’ll sure let us know.

“Courts don’t face that democratic accountability.”

Alberta to impose restrictions on MAID, limiting it to those with terminal illness who will die in the next 12 months

Several lawyers' associations condemn Alberta's use of notwithstanding clause

So where is Alberta headed?

The Smith government is prepared to allow doctor-assisted deaths to be considered if the person is an adult and is capable of making their own decisions and if their natural death could reasonably be seen to happen within a year, as in people with no hope of recovering from a terminal illness.

A person whose only medical condition is a mental illness will not be considered for killing themselves within the health-care system.

Folks will also not be able to ask for a doctor-assisted death in advance of the time they wish to be killed.

Smith looks at this whole issue and sees a slippery slope. The premier tells us about the numbers of doctor-assisted deaths and how they’ve gone up in a big way.

She wonders if Albertans even know some people seeking death by doctor are depressed or have PTSD or are isolated or poor or otherwise feel at the very margins of society.

“MAID should not become a permanent response to a moment of crisis or despair that can change with care over time,” says Smith.

The premier and Mickey Amery, Alberta’s justice minister, introduce a well-respected Canadian doctor who is an international authority on doctor-assisted death.

She speaks of patients approved for doctor-assisted death very quickly.

Some patients are repeatedly offered the chance to end it all and feel pressured.

There are families only being informed of the doctor-assisted death after their loved one has died.

Some MAID providers, yes that’s what the ones who provide the fatal dose are called, reportedly have encouraged patients to stop drinking or eating or taking antibiotics to make their deaths reasonably foreseeable and be eligible for doctor assistance in killing themselves.

Then there is the bias of some towards the elderly and people with disabilities and those struggling with mental illness thinking, in some circumstances, their exit might not be such a bad thing.

At the risk of being tarred and feathered the late Pope Francis did speak of euthanasia as a “false compassion” and “a reflection of a throwaway culture.”

Bring on the hate mail!

Mickey Amery, Smith’s man of the lawbooks, sounds serious.

Amery says if doctors break this law it will be up to investigators and prosecutors to determine if they are going to proceed. Guidelines may come.

A doctor’s licence to practise could also be on the line.

The questions some newshounds asked Smith reflected the views of those Albertans who are very comfortable allowing more individuals, perhaps a lot more individuals, to kill themselves within the province’s health-care system.

Amery is not one of them. He sees such a reality as “a great tragedy.”

“There is a much better opportunity in Alberta to seek hope rather than to seek despair. That’s the common theme of what this is all about.”

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