Canada, Suicide

The View From Up North: Supreme Court Of Canada Approves Dying With Dignity

The Supreme Court of Canada struck down the laws preventing doctor-assisted suicide. How will this affect you?

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I am afraid of dying. There, I said it.

I am approaching the half century mark and I have a 9-year-old son and a 3-year-old daughter — I can’t bear the thought of not seeing them grow up. Aside from that, I’ve always felt a profound sense of loss over my future death. How does the world work without me in it? Does it just go on? Is that possible? Or is it like a tree falling in the forest? If I’m not there to witness the Earth’s future, does it really happen?

Hang on a second, I just have to look up “narcissism” in the dictionary…

I’m back and, yeah, narcissism is the right word. It’s pretty much narcissistic to think the world might stop turning just because I’m not around to witness it.

Okay, narcissism aside, I believe in God, but I don’t believe in Hell and I’m not sure I believe in Heaven. Not positive where you go after death, but I don’t think you end up somewhere as yourself, just without a body (“Hi, Steve, welcome to Heaven. Let me show you to your apartment.”).

Thus, it’s mind-boggling to me that one minute you’re a living, breathing, thinking being; the next minute you’re gone for all time. Unless you accept Shirley MacLaine can reach out across the heavens with her spiritual cell phone and chat with you (which I don’t), all that’s left are the memories in those you leave behind.

That’s deep… and scary.

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Thankfully, to the best of my knowledge, I am healthy and have no reason to think I won’t live to ripe age. I take care of myself, try to eat right, get lots of exercise, drink in moderation, no smoking — everything my doctor, Mike, recommends. But, I recently lost a cousin to cancer at age 54. My brother’s close friend, a terrific guy, died last year of cancer at 41. There is a lot of heart disease on my dad’s side (several young heart attacks).

There are no guarantees in life.

As I watch people around me grow older and start to think about what my old age will look like (if I’m blessed to make it), a certain question gnaws at me — what is the perfect end to my life? It’s coming; I don’t have any choice. Twenty years ago I didn’t want to think about dying at all. Notwithstanding my fear, however, I have accepted my fate. Now it’s about how I will die. I have decided this is a best ending:

1. At least 85 years old (that’s fair, right?).

2. Until close to the end I am mobile, have all my faculties, and live relatively pain free.

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3. I have several reasons to get up in the morning (e.g., family, hobbies, travel).

4. My wife and I are not a burden on our family (i.e., we have the financial wherewithal to support ourselves).

5. I die of a swift illness that takes me relatively pain free.

6. I get a chance to say goodbye to my family and friends (and make amends where necessary).

How many of you would take that as your path to whatever glory you believe in?

Now, back to reality. There’s a pretty good chance most of us won’t get to tick off all six boxes. In fact, a lot of us will outlive our money. Others will die young. Many of us will waste away in old age due to some chronic disease. That’s really my new biggest fear — lying in a bed, withering away while my family watches (and suffers with me).

Thus, I am happy relieved to see the Supreme Court of Canada in Carter v. Canada (Attorney General) has struck down the laws preventing doctor-assisted suicide for individuals who are facing a “grievous and irremediable medical condition that causes enduring and intolerable suffering.” Several jurisdictions in the United States and Europe already allow doctor-assisted suicide.

As our population ages, we will face this issue more and more — people confronting terminal ailments that will ravage their bodies and cause enormous distress for both the sick and their families. The Supreme Court of Canada’s ruling reflects this. The SCC is now saying our society has evolved to the point where it is acceptable for people confronting terminal illnesses to end their lives with dignity before the pain and suffering takes away their humanity.

I was incredibly touched last fall by the brave stance Brittany Maynard took regarding her own terminal illness. As you may recall, Brittany was diagnosed with brain cancer at age 29. How unfair is that? She had to come to grips with her diagnosis — her doctors said there was no way to save her.

Facing that incredible challenge, she moved to Oregon, one of the few U.S. jurisdictions that allows doctor-assisted suicide. There she proceeded to live her last healthy days with as much gusto as possible. Once the cancer took over to the point where she felt like she was losing herself to it, she ingested a doctor-prescribed medication and slipped peacefully into death surrounded by her family.

Faced with the same terminal illness, I don’t know if I would have her courage. But, at least I now have the option in Canada.

I pray I never have to use it.

There are lots of arguments against doctor-assisted suicide. There are religious objections. There are slippery slope arguments that say it will lead to a rash of children prodding their elderly parents to kill themselves in order to inherit the gold a few months early.

At the end of the day, it should simply come down to choice. I can’t believe God would hold it against someone for choosing to end his or her life a few months early rather than face intolerable suffering. In essence, the argument is God will send you to eternal misery in Hell because you cut your misery short on Earth by a few weeks. Doesn’t make sense to me.

We’re all going to die. The only real question is whether we get to face our demise with dignity and autonomy. With this ruling in Carter, at least those people fighting a terminal disease can choose to face it in the way that makes most sense to them. If you want to live right to the natural end, and accept the suffering, your choice. If you want to avoid those last few horrible weeks, and you’re brave enough to take your own life, at least you can do so legally, with medical support, and with dignity.

That’s the View From Up North. Have a wonderful week (and don’t forget to hug your loved ones).

Steve Dykstra is a Canadian-trained lawyer and legal recruiter. He is the President of Keybridge Legal Recruiting, a boutique recruitment firm that places lawyers in law firms and in-house roles throughout North America. You can contact Steve at steve@keybridgerecruiting.com. You can also read his blog at stevendykstra.wordpress.com, follow him on Twitter (@IMRecruitR), or connect on LinkedIn (ca.linkedin.com/in/stevedykstra/).

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