A/HRC/43/41/Add.5
Comment/Rationale
48.
As per the Home and Community Care Policy Manual, Chapter 4, health authorities
(HA) are responsible for determining eligibility for CSIL and the appropriate funding to meet
the client’s needs. Once deemed eligible, CSIL clients sign a contract with the HA, and assume
full responsibility for training, hiring and scheduling care providers. Clients who cannot direct
their own care or who cannot always direct their own care may still be able to participate in
CSIL through a client support group, a legal representative, or a committee of estate.
49.
As with all HCC services, there is an expectation that HAs provide CSIL clients with
services to supplement, rather than replace, the efforts of individuals and their caregivers to
meet their health needs and make decisions about lifestyle and care. Home support services are
direct care services provided by unregulated care providers to clients who require personal
assistance with activities of daily living, such as mobilization, nutrition, lifts and transfers,
bathing, cueing, grooming and toileting, and may include safety maintenance activities as a
supplement to personal assistance when appropriate, as well as specific nursing and
rehabilitation tasks delegated under Policy 1.C, Delegation of Tasks. A client who requires
support with instrumental activities of daily living, such as transportation, housekeeping or
shopping will be directed to appropriate community resources.
Page 14, Paragraph 68
Recommended language
50.
In June 2016, the Parliament of Canada passed federal legislation allowing adults to
request medical assistance in dying. The Criminal Code was amended to allow physicians and
nurse practitioners, to provide medical assistance in dying, and pharmacists, family members
or other people to assist in the process without being charged under criminal law. As a general
rule, the Criminal Code provides that persons who have a grievous and irremediable medical
condition that causes them enduring and intolerable suffering are allowed to seek medical
assistance in dying. The definition of a grievous and irremediable medical condition includes
disability. Recently, the Quebec Superior Court has invalidated sections of both the federal and
Quebec laws on medically assisted dying, ruling invalid the Criminal Code requirement that a
natural death be "reasonably foreseeable" before someone can be eligible for assisted death.
Comment/Rationale
51.
The original text risks being misunderstood as stating that all the listed individuals can
provide medical assistance in dying; the Criminal Code only permits medical practitioners and
nurse practitioners to provide medical assistance in dying, and others benefit from an
exemption if they aid medical and nurse practitioners in providing that assistance.
Page 14, Paragraph 70
Recommended language
52.
The organization of Canada's health care system is largely determined by the Canadian
Constitution, in which roles and responsibilities are divided between the federal, and provincial
and territorial governments, while some areas are shared10. The federal government sets out the
legislative framework for universal, publicly funded hospital and physician services through
the Canada Health Act, and provides provinces and territories with the necessary funding for
the delivery of health-care services. The federal government is also responsible for some health
care services for First Nations and Inuit peoples, as well as serving military and veterans,
refugees, and inmates in the federal corrections system.
10
Source : https://www.canada.ca/en/health-canada/services/health-care-system/reportspublications/health-care-system/canada.html#a4.
11
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