Assisted Dying Bill [HL]: ignorance within the House?

Abstract

Presently, within the United Kingdom, the House of Lords are engaged with the latest challenge to the blanket ban on any and all forms of assisted suicide. The Assisted Dying Bill [HL], which now resides in the Committee Stage, provides an exemption for medical practitioners assisting patients in self-administering medicine to end their lives. The Bill is identical to the previous Bill introduced by Lord Falconer. In light of developments within other foreign jurisdictions, the similarities and, perhaps more significantly, differences between the legislative pieces provide an interesting comparative discussion. The Canadian Medical Assistance in Dying (MAiD) legislation has been in force since 2016 and has since been amended (March 2021). As Canada is somewhat further down the ‘legal road’ in regulating assisted dying, it may prove a fruitful endeavour to use the Canadian developments to assess and predict the possible trajectory of the Assisted Dying Bill in the UK. Features of the Bill reflect similar provisions that have been adjusted or removed in the Canadian legislation, features that are of significant importance and solemnity in the context of those wishing to access assistance in dying. Such examples include that it necessitates that the patient commit the final act, are expected to die within 6 months, and that there must be a ‘reflection period’. Statistical data reporting in Canada has given valuable insight to the provision of MAiD, including some of the features highlighted. The question becomes ‘should the UK Parliament be paying more attention to the Canadian developments in the context of domestic assisted dying Bills?’ Assisted dying is irrefutably embedded deep within many aspects of society. Whether there exists sufficient differences between the societies of the two jurisdictions will determine if the UK is being unnecessarily ignorant or responsibly contextual.