Visitors will be excluded under the proposed law announced today, precluding the prospect of suicide tourism. Canadian government officials said to take advantage of the law the person would have to be eligible for health services in Canada.
The law provides a choice "for adults who are suffering intolerably and for whom death is reasonably foreseeable." It says the person must be mentally competent, 18 or older, have a serious and incurable disease, illness or disability and be in an advanced state of irreversible decline in capability.
Assisted suicide is legal in Switzerland, Germany, Albania, Colombia, Japan and the US states of Washington, Oregon, Vermont, New Mexico and Montana. California lawmakers also passed legislation, expected to take effect later this year, where proof of California residency is required.
Germany's law applies to Germans and foreigners alike. Switzerland's law is valid for everyone in Switzerland, and people who take part in assisted suicides are not required to be residents or citizens, according to Justice Ministry spokesman Bernardo Stadelmann.
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Canada's Supreme Court declared last year that outlawing that option deprives dying people of their dignity and autonomy. It had been illegal in Canada to counsel, aid or abet a suicide, an offense carrying a maximum prison sentence of 14 years.
Quebec already passed legislation last year after the court's decision. And since the top court ruling, Canadian judges elsewhere have given individual patients permission for assisted deaths.
To get a doctor's help under the law, a written request is required, either from the patient or a designated person if the patient is incapable, and the request would need to be signed by two independent witnesses. Two independent physicians or authorized nurse practitioners would have to evaluate it and there would be a mandatory 15-day waiting period unless death or loss of capacity to consent was imminent.