2009
DOI: 10.1163/157180909x430238
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End-of-Life Decisions: A View from Ontario and Beyond

Abstract: This article is a comparative study of the law dealing with substitute decision making for incapable patients in end-of-life situations across Canadian provinces. In recent years, this issue has received growing consideration from judicial authorities in Canada and abroad. The article discusses the most significant decisions in Canada, with reference as well to leading cases in the UK, Germany and the US. Future policy and legislative options are discussed as well.

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Cited by 3 publications
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“…Despite the presence of advance directive legislation in most provinces in Canada, 40 our findings suggest that there are large gaps in communication, decision making, and documentation if our goal is truly to achieve patient-centered care. Patients' ratings of satisfaction with EOL care offer some suggestions for prioritizing our quality improvement efforts.…”
Section: Commentmentioning
confidence: 68%
“…Despite the presence of advance directive legislation in most provinces in Canada, 40 our findings suggest that there are large gaps in communication, decision making, and documentation if our goal is truly to achieve patient-centered care. Patients' ratings of satisfaction with EOL care offer some suggestions for prioritizing our quality improvement efforts.…”
Section: Commentmentioning
confidence: 68%
“…11 Common law jurisdictions have traditionally enacted 2 different legal standards when deciding on LSMT: substituted judgment and best interest standard. 17 The surrogate's role is to "stand in the shoes of the patient" and "suppress his or her own judgment in favor of channeling what the [patient] would have done." 11(p208) Surrogates should apply per the hierarchy of (1) patient expressed wishes, (2) substituted judgment, and then (3) patient best interest.…”
Section: End-of-life Care Decisionsmentioning
confidence: 99%
“…30 Consequently, these laws are somewhat variable across the country. 31 Some provinces rely on common law (judge-made) rules pertaining to consent and substitute consent, while others have adopted comprehensive consent legislation. 13 In jurisdictions in which the common law consent rules apply, there may nevertheless be legislation related to substitute decisionmaking in particular circumstances.…”
Section: Responsibilities Of the Substitute Decision Makermentioning
confidence: 99%