Euthanasia is the act of intentionally causing or permitting the death of a sick or injured person in order to end his suffering.

The courts have distinguished between passive euthanasia and active euthanasia.

Active euthanasia involves positive actions that cause the death of the suffering person. Usually classified as murder or assisted suicide, active euthanasia is illegal in Canada. An example would be if Paul were to inject a fatal dose of morphine into his mother, who is suffering through the terminal stages of cancer.

Passive euthanasia is the act of permitting a person’s death by withholding or ceasing potentially life-saving treatment. In short, it involves simply letting the illness take its course. Passive euthanasia is viewed as part of a person’s right to refuse care or treatment and, as such, it is legal in Canada. An example would be if Peter were to ask his doctor to turn off his artificial respirator, which has been keeping him alive.

In the text that follows, the term euthanasia refers to the concept of active euthanasia, as passive euthanasia is legal under one's right to accept or refuse treatment.

No. Euthanasia, as defined above, is an illegal act, insofar as it is possible to link the act committed to a criminal offence.

Euthanasia can fall under one of several offences in the Criminal Code. These include the following:

• murder or involuntary manslaughter, if the death of the person is the result of the actions taken;
  
• the offence of counseling or assisting someone to commit suicide;
  
• assault, assault with a weapon or causing bodily harm, or aggravated assault. To learn more, consult our Infosheet entitled “Assault”;
  
• criminal negligence;
  
• intentionally causing bodily injury;
  
• the offence of administering a noxious substance (poisoning).

However, it is legal for a person to commit suicide or to refuse treatment.

Because euthanasia is illegal, even if you ask a family member or a doctor to euthanize you, they risk facing criminal charges if they agree.

A person cannot set out in a written document their desire to be euthanized in the case of an incurable or degenerative disease. Such a document would have no legal value because euthanasia is illegal.

However, euthanasia should not be confused with suicide. Suicide occurs when a person ends his own life without the help of another. Therefore, if a seriously ill person takes a fatal dose of poison with the aim of ending his life, he commits an act of suicide and not euthanasia. Committing suicide is no longer an offence in Canadian criminal law. As mentioned above, however, it is a criminal offence to assist, advise, or encourage someone to commit suicide.

Euthanasia is illegal under the Canadian Criminal Code, which applies across Canada. Consequently, euthanasia is a criminal offence in every Canadian province and territory.

The crime of euthanasia is not specifically addressed in the Criminal Code. Rather, euthanasia can be classified under one of the offences listed above. Consequently, if a person commits any one of those offences, he can be charged and sentenced under the Criminal Code. Sentences vary according to the offence. In the case of murder, the most serious offence, the minimum sentence is life imprisonment. The offence of assisting suicide is punishable by a maximum of 14 years in prison. To learn more about sentences, please consult the Infosheet "Sentencing in Canada."

If a person practices euthanasia as part of a profession (e.g. a doctor or nurse), he may also be subject to disciplinary sanctions, notably the withdrawal of his professional license. In such a case, the professional may also be subject to potential civil suits by the family of the euthanized person.

In Canada, when a person is charged with an offence, the judge only determines whether or not the individual committed that offence. The motive for the act is not important unless it corresponds to a possible defense listed in the Criminal Code (for example, the legitimate defense of provocation).

In cases of euthanasia, the accused cannot defend himself by saying he was easing the victim’s suffering. In determining the guilt of the accused, the court will not consider the mental state, age, or medical condition of the victim, or the motive of the accused.

Furthermore, the fact that the victim consented to the act changes nothing when it comes to determining guilt. In short, a person cannot legally consent to being injured or killed.

This approach is taken due to concerns that legalized assisted suicide could be abused. Some feel that it would lead to the deaths of individuals who never truly or freely consented to the act.

Once a person is found guilty, the court must determine the appropriate sentence. At this stage, the judge may decide to grant a lighter sentence based on the motive of the accused or the circumstances (e.g. compassion or the victim’s consent).