Jersey proposes Canadian style euthanasia law

Jersey proposal will lead to similar horrific euthanasia deaths as has happened in Canada.

Alex Schadenberg
Executive Director

Euthanasia Prevention Coalition

On March 22, 2024 a proposal for legalizing euthanasia and assisted suicide in Jersey was released in preparation for a debate on the issue on May 21, 2024. 

The proposal claims to be limited to people in certain circumstances but upon further examination, the proposal is not limited to terminally ill people. The definitions within the proposal would open the door to a Canadian style euthanasia law.

The Jersey proposal states that the law will set out the eligibility criteria for accessing assisted dying in the following manner:

A person must meet all the eligibility criteria. They must have been diagnosed with either:

• a terminal physical medical condition, known as Route 1 - terminal illness
• an incurable physical condition, causing unbearable suffering, known as Route 2 - unbearable suffering
• have decision-making capacity
• have a voluntary, settled and informed wish to end their own life 
• be at least 18 years of age
• have been ordinarily resident in Jersey for at least 12 months.

Route 1: terminal illness

To be eligible under Route 1, the person must have been diagnosed with a terminal physical medical condition that: 

• is expected to cause death within 6 months, or within 12 months if diagnosed with a neurodegenerative condition such as Parkinson’s disease or Motor Neurone Disease
• is causing, or is expected to cause unbearable suffering that cannot be alleviated in a manner the person deems tolerable

Route 2: unbearable suffering

• To be eligible under Route 2, the person must have been diagnosed with an incurable physical medical condition that is causing unbearable suffering that cannot be alleviated in a manner the person deems tolerable.

Route 1 is not necessarily based on having a terminal illness since, similar to other western jurisdictions, a person is not required to try effective medical treatment. Therefore a person who is an insulin dependent diabetic would qualify to be killed.

Route 2 opens the door to Canadian style euthanasia because the person is not terminally ill be is experiencing unbearable suffering. The Route 2 definition (diagnosed with an incurable physical medical condition) includes nearly everyone with a chronic disability.

When reading the proposal it states:

• (iii) that, further to the provisions of paragraph (b) where a person has a terminal physical medication condition, ‘Route 1 – terminal illness’, the minimum timeframe between a person’s first formal request for an assisted death and the administration of the assisted dying substance will be 14 days, except for when the person’s life expectancy is less than 14 days when there will be no minimum timeframe; 
• (iv) that, further to the provisions of paragraph (c), where assisted dying is permitted for people who have an incurable physical condition but where there is no reasonable expectation of death within the specified timeframe - ‘Route 2 – unbearable suffering’, the minimum timeframe between a person’s first formal request for an assisted death and the administration of the assisted dying substance will be 90 days; 

Canadians with disabilities are being approved for euthanasia based on having an incurable physical condition defined as "having an irremediable medical condition". People with disabilities are being approved for euthanasia based on having an irremediable medical condition, but they are often requesting to be killed based on poverty, homelessness or an inability to receive medical treatment. Similar to Canada, the Jersey proposal would require a 90 day waiting period for killing people who are not terminally ill.

The recent case of the 27-year-old autistic woman who was approved for euthanasia is a good example of what could happen in Jersey, if this proposal is accepted. The 27-year-old autistic woman claims that she is experiencing unbearable suffering even though the source of her suffering is undetermined. 

The Jersey proposal recommends that a Tribunal approve euthanasia for people who are not terminally ill. It is impossible for a Tribunal to determine if a person has suicidal ideation and claim to have unbearable suffering because they want to be  approved for death.

The Jersey proposal advocates for both euthanasia (homicide) and assisted suicide. The proposal states:

(x) the assisted dying substance that ends a person’s life may be – i. self-administered by the person; or 

ii. administered by the Administering Practitioner; 

Administered by the practitioner means the practitioner directly causes the death (homicide). 

The Jersey Assembly needs to understand why the Canadian law has become so extreme. They need to reject the Jersey euthanasia proposal.

Some might say that Jersey should simply amend their proposal. Considering the Canadian experience, once the door opens to killing by euthanasia, based on equality and discrimination, the law will quickly expand to ensure that every Jersey citizen has equal access to being killed.