ipl-logo

Cma V. Rodriguez Summary

1281 Words6 Pages

Analysis:
The argument that arose before the court was a different legal conception of s.7 than that the prevailing Rodriguez case was deciding. Laws relating to principles of over breadth and gross disproportionality had materially advanced since Rodriguez. The matrix of legislative and social facts in this case also contrasted the evidence before the court in Rodriguez. The evidence proved that assisted suicide does not deprive people who are disabled from s. 15 under equal treatment. I think that it understandable that the appeal court has pointed out the flaws in the arguments but we need to keep our eyes on the higher principle that the charter protection against being killed that is the right to life is not a trivial thing an doesn’t …show more content…

There are three implications that would occur if a change in law were past, one would be the change in palliative care. Adequate palliative care is a prerequisite to the legalization of medical aid in dying. Patients should never have to choose death because of unbearable pain, which can be treated but cannot be accessed. It is wrong to deny grievously ill patients the option of medical aid in dying because of systematic inadequacies in the delivery of palliative care. Safeguarding patients by building a strong patient physician relationship must be established so that there is no foul play in the outcome. The issue is that it is very difficult to assess the overall competence and voluntariness of a patient. CMA mandates that the protection of physicians is a must; and any change in law must legally protect those physicians who choose to participate from criminal, civil, and disciplinary proceedings. No physician should feel compelled to participate, and patients are free to transfer to another hospital if a physician denies a patients

Show More
Related

Essay On Abx2-15

283 Words | 2 Pages

Many people are diagnosed with a terminal ill disease that will cause them to be in pain until they die. Some patients do not want to be in pain so go into hospice where they are not given medicine and die slowly. Family members who went through that with a patient says it hurts when they are hurting and can not help them. The law ABX2-15 legally assist patients to commit suicide with prescription to end their suffering with some requirements. The law ABX2-15 should be passed so family members and the patients will end their suffering.

Read More

Rodriguez Vs. Rodriguez Case Study

79 Words | 1 Pages

Per the summons and complaint, plaintiff claims assault and false arrest. Plaintiff claims that defendant PO Argelis Rodriguez and other MOS stopped him and accused him of throwing away a handgun. Plaintiff states that he did not possess a handgun. Plaintiff claims that PO Rodriguez assaulted him in the head, body, face and buttock. Plaintiff alleges that he was placed in handcuffs then his pants and underpants were removed and he was searched on the ground in public

Read More

Suicide In Canad Moral, Legal, And Policy Considerations By Travis Dums Day

561 Words | 3 Pages

In the book Assisted Suicide in Canada: Moral, Legal, and Policy Considerations by Travis Dumsday, a counter argument to the legal precedent for medical assistance in dying (MAID) in Canada is constructed. The main approach Dumsday makes to substantiate his stance is exhibiting the moral and ethical controversy that MAID creates in Canda, and how the Legality of MAID should be overturned. Several types of avenues of data and methodologies are used in the book to support Dumsday’s anti-MAID arguments. Firstly, they develop the historical context of MAID in Canada and attempt to express errors in the original Carter V. Canda supreme court case and how flawed logic and immoral practices corrupted the case, which has led to the expansion of Medically assisted euthanasia in Canada. The author then begins an explanation of the morality and ethical quandary he feels about MAID and how morality should point toward if not a cessation of MAID that a governmental decision to not fund the program.

Read More

Sue Rodriguez Case Brief

137 Words | 1 Pages

The appellant, Sue Rodriguez, suffers from amyotrophic lateral sclerosis. Under this condition, Sue will lose the ability to swallow, speak, walk, and move her body without assistance. As a result, she will eventually become confined to a bed. With a life expectancy between 2 and 14 months, Sue wishes to end her life on her own will when her condition becomes too painful to bear. This can be accomplished with the assistance of a qualified physician.

Read More

Case Study Of Cruzan V. Missouri Department Of Health

1766 Words | 8 Pages

Cruzan v. Missouri Department of Health What is the value of a life? Do family members always have the patients’ best interest in mind when making medical decisions? Who should ultimately make the decision of life or death for patients that will never leave a permanent vegetative state? Lester and Joyce Cruzan faced an issue no parent ever wants to face after their daughter, Nancy was in a horrific car accident that left her in a persistent vegetative state.

Read More

Tina Carter Case

950 Words | 4 Pages

The case of Carter vs. Canada is one of triumph for Canadians to question their civil liberties and constitutional privileges to an extent that had not been experienced in the courts history. The decision to abandon the previous law restricting the practice of doctor assisted suicide was justified by the court in the context of those with severe illness as well as a mental disability, in which prohibits their overall wellness. In regards to Life, liberty and security, it comes to a progressive conclusion that both the Supreme Court of Canada and Tina Carter both unilaterally agree that Canadians who are suffering unbearably at the end of life should have the right to choose a dignified and peaceful death. To explicitly regard the constitutional legitimacy of physician-assisted suicide within the charter of rights general limitations, the law currently contradicts the charter.

Read More

Jerry Brown Assisted Suicide

263 Words | 2 Pages

The article, “After struggling, Jerry Brown Makes Assisted Suicide Legal in California” by Patrick McGreevy discusses the controversial topic of assisted suicide. This new law in California should be overturned. The author states, “As someone of wealth and access to the world’s best medical care and doctors, the governor 's background is very different than that of millions of Californians living in healthcare poverty without that same access — these are the people and families potentially hurt by giving doctors the power to prescribe lethal overdoses to patients.” This is important because people who have terminal illnesses that can’t afford their medical treatment can be pressured into taking lethal overdoses. The author continues, “They also

Read More

Physician Assisted Suicide Research Paper

536 Words | 3 Pages

When I was twelve years old, my grandfather passed away after a long, excruciating struggle with lung cancer. He endured months of insufferable agony, which continued until the mercy that came with his dying breath. Looking back on this experience, I am firm in my belief that nobody should have to endure the suffering that my grandfather did. This however, is just one instance in which physician-assisted suicide would have proven beneficial. According to the New York Times, Jerry Brown, who recently signed California’s own assisted suicide law said that if he were ill, it “would be a comfort to consider the options afforded by this bill” (Boffey 1).

Read More

Dying With Dignity (DWD)

903 Words | 4 Pages

The reasoning from both Smith and the Supreme Court’s decisions are fair and understands the severity of the violations of s.7 and s.15 of the Charter from s.14 and s.241 (b) in the Criminal Code, which places citizens such as Taylor into impossible scenarios where they are forced to choose between two unfavourable deaths. It has been two decades since the case of Rodriguez, and while it is unfortunate that an exception was not made for her, circumstances have now changed. There are new jurisdictions within the world that allow for assisted suicide and they have proven that such a system can work, while still achieving the government’s goal of limiting and protecting those who are vulnerable to coercion and influence. It is strange that Canada, which prides itself for its rights and freedoms, restricts the biggest right of all: of controlling one’s own death. The Canadian government must use the 12 months of suspension given by the Supreme Court of Canada to begin to create a balance

Read More

Physician Assisted Suicide Persuasive Essay

460 Words | 2 Pages

It can be argued that every individual has a “right to die” because the due proper clause implies that an ill patient has the right to refuse medical treatment and the government should not deny one of this right. The Due Process Clause, under the fourteen amendment, states that no one can be deprived of their, “life, liberty, or property.” For example, a patient who has little chance of survival may choose to have a physician assisted death arguing that he or she is protected by this specific law. But a Supreme Court ruling, which took place in 1997, elaborated on the definition and distinguished a bold line between physicians assisted suicide and refusal of medical treatment. In the Washington vs. Glucksberg trial, four physicians and three ill patients went to court to challenge the state of Washington’s law against physician assisted

Read More

Death With Dignity Act Analysis

878 Words | 4 Pages

On November 1, 2014, just shy of her 30th birthday, a young woman named Brittany Maynard, utilized Oregon’s Death with Dignity Act to end her life. She had been diagnosed with an aggressive, terminal cancer just eleven months earlier. After having brain surgery in an attempt to stop the growth of the tumor, the tumor came back and doctors only gave her six months to live. With no cure her only option was radiation that could leave her scalp with first-degree burns and her hair singed off. Brittany and her family decided that radiation was not worth the physical and emotional pain it would cause.

Read More

Essay On Euthanasia In Canada

874 Words | 4 Pages

It is believed that once practicing physician-assisted suicides becomes an acceptable concept in society, the next steps will easily be taken toward unethical actions such as involuntary euthanasia. Edmund D. Pellegrino, MD, Professor Emeritus of Medicine and Medical Ethics at Georgetown University claims that our healthcare system is too obsessed with costs and principles of utility. He defies the belief that the slippery slope effect is no more than a prediction, by reminding the outlooks and inclinations of our society. Furthermore, he believes there comes a day that incompetent patients and those in coma won’t be asked for their permission to use euthanasia. The Netherlands is another example of such misuse.

Read More

The Death With Dignity Act (DWDA)

1311 Words | 6 Pages

The Death with Dignity Act (DWDA), which allows terminally-ill patients to request physician-assisted suicide, was first introduced in Oregon in 1997. The basic premise of the law is that terminally ill patients, with no outside help, should be able to choose the right to end their life. Since then a few more states have the DWDA or an similar law in their state; an ongoing debate is going on to make the act legal across the nation. The Death with Dignity act allows the individual’s request to die to be acknowledged by the state. Though various of groups and people have spoken against this act, Oregon, with close to two decades of experience with the law, has shown that it can work well even when faced with backlash from the public because

Read More

Argumentative Essay: The Death With Dignity Act

1838 Words | 8 Pages

In a close victory, fifty-one percent of the voters voted yes and forty-nine percent opposed the Death with Dignity Act. However, the law was delayed for several years due to an injunction by District Judge Hogan who had ruled that the Oregon Death with Dignity Act violated the U.S. Constitution’s Equal Protection clause (Legal). The ruling was immediately appealed to the U.S. Circuit Court of Appeals and in 1996 the ban was ruled unconstitutional by the Ninth Circuit Court of Appeals. In two related cases at that time, the U.S. Supreme Court ruled that assisted suicide was not a Constitutional right, but also that the issue would be best addressed in the “laboratory of the states” which are free to prohibit or legalize physician assisted dying. In 1997, the Oregon Legislative Assembly put Measure 51 on the ballot in an effort to repeal the Death with Dignity Act.

Read More

Argumentative Essay: The Right To Die

1321 Words | 6 Pages

The Right to Die has been taking effect in many states and is rapidly spreading around the world. Patients who have life threatening conditions usually choose to die quickly with the help of their physicians. Many people question this right because of its inhumane authority. Euthanasia or assisted suicide are done by physicians to end the lives of their patients only in Oregon, Washington, Vermont, Montana, New Mexico and soon California that have the Right to Die so that patients don’t have to live with depression, cancer and immobility would rather die quick in peace.

Read More

More about Cma V. Rodriguez Summary

Related Topics

Open Document