Quebec's assisted dying law debated at Court of Appeal - Action News
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Quebec's assisted dying law debated at Court of Appeal

Although Quebec's assisted dying law has been in effect for only eight days, its fate was placed in the hands of the province's top court on Friday.

Province appeals court ruling that would delay giving terminally ill patients the choice to die

Doctor-assisted deaths became legal for terminally ill patients in Quebec on Dec. 10, 2015. (Reuters)

Although Quebec's assisted dying lawhas been in effect for only eight days, its fate was placed in the hands ofthe province's top court on Friday.

The Quebec Court of Appeal heard arguments about province'snew law, which went into effect on Dec. 10, giving terminally ill patients the right to choose to die.

The province is appealing an earlier ruling made on Dec. 1 by Quebec Superior Court, in which Justice MichelPinsonnaultsaid medically assisted dying conflicts with the federal Criminal Code.

Paul Saba, head of a Quebec-baseddoctors coalition that is contesting the law, saidhis group will argue in court the appeal should be dismissed.

Hesaidthe Quebec government has an immediate obligation to provide improved palliative care.

Paul Saba of the Coalition of Physicians for Social Justice says improved care should be the priority, not end-of-life legislation. (CBC)
"Euthanasia is not medical care or a solution for suffering," said Saba,leader of the Coalition of Physicians for Social Justice.

Arguments wrapped up shortly after noonat the Quebec Court of Appeal, withouta decision from the three-judge panel.

No clear indication was given forwhen a decision may come.

Bill 52 allows patients who are at the end of their livesto ask a doctor for a medically assisted death.Individual doctors can refuse to help a patient die, but a hospital cannot opt out of providing the service.

Federal case to be heard Jan. 11

In a related case last February, the Supreme Court of Canada unanimously ruled that a federal law that makes it illegal for anyone to help people end their own lives should be amended to allow doctors to assist people to diein specific situations.

Ottawa has until February 2016 to modify existing laws, but the federal Liberal government has requested a six-month extension to ensure "a thoughtful, sensitive and well-informed response."

In a submission made to the Supreme of Canada on Wednesdayto bolster its request,the government argued giving effect to a landmark decision on physician-assisted dying will require full parliamentary consideration as well as provincial legislation.

Several parties have filed arguments on the federal request.

The Supreme Courtwill hear oral arguments from all sides on the request for an extensionstartingJan. 11.