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Dying legally: The legal implication...

Gilmour, Joan Marie.

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Dying legally: The legal implications of withholding and withdrawing life support in Canada.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Dying legally: The legal implications of withholding and withdrawing life support in Canada./
Author:	Gilmour, Joan Marie.
Description:	459 p.
Notes:	Source: Dissertation Abstracts International, Volume: 54-09, Section: A, page: 3573.
Contained By:	Dissertation Abstracts International54-09A.
Subject:	Health Sciences, General. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=9403891

Dying legally: The legal implications of withholding and withdrawing life support in Canada.
Gilmour, Joan Marie.

Dying legally: The legal implications of withholding and withdrawing life support in Canada. - 459 p.

Source: Dissertation Abstracts International, Volume: 54-09, Section: A, page: 3573.

Thesis (J.S.D.)--Stanford University, 1993.

This thesis is concerned with the legal issues that arise in withholding and withdrawing life support. The focus is on Canadian law, but consideration is also given to the law in the United States and the United Kingdom. The author analyzes the situations of both decisionally capable and decisionally incapable patients at common law, and considers changes that might result with the advent of the Canadian Charter of Rights and Freedoms. Factors to guide decision-making when the patient is competent and when he or she is not are proposed. The criminal law implications of ending life support are also taken into account and the likelihood of criminal liability being imposed and on what basis is assessed. The author argues that much current reasoning about criminal liability is not defensible and urges that criminal sanctions be re-examined. With respect to the Canadian Charter of Rights and Freedoms, the author concludes that where the Charter applies--that is, where there is "government action"--then a patient's right to refuse even life-sustaining treatment would be constitutionally protected. However, it is neither logical nor wise to attempt to extend such an analysis to decisionally incapable patients where there is no reliable indication of what the patient's wishes would have been with respect to the use of life support or continued life under the circumstances that now prevail.Subjects--Topical Terms:

1017817
Health Sciences, General.

Dying legally: The legal implications of withholding and withdrawing life support in Canada.
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100 1 $a Gilmour, Joan Marie. $3 1267651
245 1 0 $a Dying legally: The legal implications of withholding and withdrawing life support in Canada.
300 $a 459 p.
500 $a Source: Dissertation Abstracts International, Volume: 54-09, Section: A, page: 3573.
502 $a Thesis (J.S.D.)--Stanford University, 1993.
520 $a This thesis is concerned with the legal issues that arise in withholding and withdrawing life support. The focus is on Canadian law, but consideration is also given to the law in the United States and the United Kingdom. The author analyzes the situations of both decisionally capable and decisionally incapable patients at common law, and considers changes that might result with the advent of the Canadian Charter of Rights and Freedoms. Factors to guide decision-making when the patient is competent and when he or she is not are proposed. The criminal law implications of ending life support are also taken into account and the likelihood of criminal liability being imposed and on what basis is assessed. The author argues that much current reasoning about criminal liability is not defensible and urges that criminal sanctions be re-examined. With respect to the Canadian Charter of Rights and Freedoms, the author concludes that where the Charter applies--that is, where there is "government action"--then a patient's right to refuse even life-sustaining treatment would be constitutionally protected. However, it is neither logical nor wise to attempt to extend such an analysis to decisionally incapable patients where there is no reliable indication of what the patient's wishes would have been with respect to the use of life support or continued life under the circumstances that now prevail.
590 $a School code: 0212.
650 4 $a Health Sciences, General. $3 1017817
650 4 $a Law. $3 600858
650 4 $a Sociology, Criminology and Penology. $3 1017569
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773 0 $t Dissertation Abstracts International $g 54-09A.
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792 $a 1993
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=9403891