Nancy B.: the Criminal Code and Decisions to Forgo Life-Sustaining Treatment

The authors review the Criminal Code provisions relevant to the withholding or withdrawal of life-sustaining treatment, critique Mr. Justice Dufour’s interpretation of these provisions in the Nancy B. case, & propose amendments that explicitly exclude the appropriate withholding or withdrawal of life-sustaining treatment from the criminal law. These guidelines could be adopted to eliminate the risk of criminal charges for physicians who appropriately withhold or withdraw treatment. (40 refs.)