Chronic, Irremediable Depression Constituting Mental Disability: Expanding Legal Rights to Euthanasia in Canada

Supreme Court Law Review, (2018) 82 SCLR (2d) 237

74 Pages Posted: 6 Aug 2016 Last revised: 21 Dec 2017

See all articles by Matthew Ponsford

Matthew Ponsford

McGill University - Faculty of Law; The University of Hong Kong - Faculty of Law

Date Written: December 20, 2017

Abstract

Interdisciplinary and comparative research aims to establish: (a) if the challenge in differentiating between short-term and chronic psychological pain is legally problematic for the Canadian justice system; (b) if chronic, irremediable depression constitutes severe, intolerable, enduring suffering satisfying the disability requirement permitting euthanasia; (c) if chronic depression meets the grounds for mental disability classification; (d) if the application of “terminality” in Carter v Canada differs from the practical, legal interpretation by Canadian courts (e.g., a recent Alberta Court of Appeal decision); and (e) the medical, ethical, moral, and legal implications for physicians, patients, clinicians, and the legal community.

Keywords: Mental Health, Chronic Depression, DSM-5, Euthanasia, End-of-Life, Physician-Assisted Death, Medical Aid in Dying, Constitutional Law, Criminal Law, Criminal Code, Healthcare, Health Policy, Dying with Dignity, Human Rights, Human Rights Law, Disability Rights, Psychiatry, Palliative Care, Carter

Suggested Citation

Ponsford, Matthew, Chronic, Irremediable Depression Constituting Mental Disability: Expanding Legal Rights to Euthanasia in Canada (December 20, 2017). Supreme Court Law Review, (2018) 82 SCLR (2d) 237. Available at SSRN: https://ssrn.com/abstract=2818898 or http://dx.doi.org/10.2139/ssrn.2818898

Matthew Ponsford (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montréal, Québec H3A 1W9
Canada

HOME PAGE: http://MatthewPonsford.ca

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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