Doctor-assisted death possible without fear of prosecution in Nova Scotia

Doctors in Nova Scotia willing to provide medically assisted deaths may do so without fear of prosecution, the head of the College of Physicians and Surgeons of Nova Scotia said Monday.

Dr. Gus Grant, the college's registrar and chief executive officer, says regardless of the federal government's failure to create legislation by the deadline, the Supreme Court of Canada decision on physician assisted dying "makes it abundantly clear" that physicians need not worry about prosecution.

The law may be less clear when it comes to other health-care professionals such as pharmacists and nurses, he said.

Grant, along with the provincial colleges for registered nurses and pharmacists, has sent a letter to the Nova Scotia Public Prosecution Service and chiefs of police in the province "seeking a statement that no action will be taken against health professionals."

'Enough hesitancy'

The letter, sent Monday, may be legally unnecessary, but Grant said he hopes it will help put the issue to rest.

"There's enough hesitancy among the nurses, the pharmacists and the social workers that an appropriate affirmative statement offering them protection is appropriate," Grant said.

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Under the Supreme Court decision, only physicians are specifically exempted from criminal liability in assisted deaths.

"There's ambiguity, if you will, regarding the involvement of the overall health team," said Beverly Zwicker, the registrar for the Nova Scotia College of Pharmacists.

"You certainly don't want to create unduefear among health-care professionals, but they're the ones taking a risk so they have to be able to make a measured and informed decision."

Legislation 'too vague'

Provincial health and justice department representatives sat on a committee at Grant's request to help the physicians' college develop a draft professional standard on assisted dying.

Grant said he's not worried about any delays in federal legislation, but called the legislation before the Senate right now "too vague."

That, he said, will make patients and families hesitant to act, not knowing if what they're seeking is legal.

"We need to take the time to get it right now, or we will have generations suffering under inappropriate legislation," Grant said.

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