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Health law

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Use this page for leads to subject headings, secondary titles and legislation relevant to death, dying and end-of-life decision-making.

Death, dying and decision-making about end of life care

Topics in the context of death, dying and end of life care decision-making include assisted suicide, euthanasia, withholding or withdrawal of treatment, advance directives, substitute decision-making, capacity and age.

Selected secondary materials about death, dying and decision-making

Downie, chapter 9.

CCH Canadian Limited, Canadian Health Facilities Law Guide (Toronto: CCH, 1997-), looseleaf, "Consent and Negligence," "Patients' Rights, "Long Term Care." KF3825 A6C36

BC, Min. of AG, Questions and answers about personal planning and advance directives (Victoria: Ministry of Attorney General, 2006)

B. Guo, C. Harstall, Advance directives for end-of-life care in the elderly: effectiveness of delivery modes (Edmonton: AHFMR, 2004) R726.2

Health Law Institute, Dalhousie University, Advance directives: provincial/territorial legislation at a glance (Halifax: Health Law Institute, 2006)  KE3663.E94 

Smith, End-of-life decisions in medical care: principles and policies for regulating the dying process (Cambridge, UK: Cambridge University Press, 2012)  R726 S55 2012 (McPherson)

Birnbacher and Dahl, Giving death a helping hand: physician-assisted suicide and public policy. An international perspective. (Dordrecht: Springer, 2008)

A. Jones, Use of advance directives in long-term care populations (Hyattville: U.S. Dept. of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics, 2011)
 


I. Oliver, Is death ever preferable to life? (Dordrecht, Boston: Kluwer, 2002) International library of ethics, law, and the new medicine, v. 14  R726 O3355 (McPherson)

P. McCullagh, Conscious in a vegetative state?: a critique of the PVS concept (Dordrecht, Boston: Kluwer, 2004) International library of ethics, law, and the new medicine, vol 23.


Also see other titles in the international library of law, ethics and the new medicine eBook series

Case law and legislation applicable to death, dying and decision-making

See leading case Rodriguez v. British Columbia (Attorney General), [1993] 3 SCR 519 and cases considering it. Recent cases include Carter v. Canada (Attorney General), 2012 BCSC 886, order stayed pending appeal: Carter v. Canada (Attorney General), 2012 BCCA 336 Alberta (Child, Youth, and Family Enhancement Act, Director) v D.L., 2012 ABQB 562.

See Criminal Code, RSC C-46, s 241 and cases considering it for more on this issue – for example by noting up the section in CanLII.

Some BC legislation addresses issues of death, dying and decision-making about end of life care. As a starting point, see Representation Agreement Act, RSBC 1996, c 405Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181 and Emergency and Health Services Act, RSBC 1996, c 182 .

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