Canadian Lawyer

May 2020

The most widely read magazine for Canadian lawyers

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28 LEGAL REPORT WILLS, TRUSTS & ESTATES Subscribe and you'll receive 10 issues with your one-year subscription Each issue of Canadian Lawyer is packed with unbiased in-depth case analyses, valuable strategies, expert insights, and a wealth of information that will allow readers to prepare for cases and effectively manage their practice. The integration of compelling features and columns convey unique perspectives to legal professionals that are both fun and entertaining, which is why Canadian Lawyer is the premier publication for covering the Canadian legal landscape. Learn more and subscribe at THE LEADING RESOURCE FOR CANADA'S LEGAL PROFESSIONALS CL House Ad Halfpage.indd 2 CL House Ad Halfpage.indd 2 18/02/2020 10:30:19 PM 18/02/2020 10:30:19 PM a bit disappointed that it didn't go far enough and they didn't really want to tackle some of the some of the bigger issues that other countries handle such as advanced deci- sion-making," he says. Trotta says advanced directives will be the "next battlefront" in the fight for fewer restrictions in medical assistance in death, noting that it's permitted in other countries. Torkin Manes LLP partner Risa Awerbuck says that, although not yet legally binding, she will put provisions in powers of attorney for personal care that indicate that, if the client is diagnosed with an intolerable illness in the future, they want medical assistance in death. She says she includes this in case the legislation changes in the future, but at the moment it has no legal effect. "Based on how the legislation is drafted, you can't do anything unless you've been diagnosed," says Awerbuck, whose practice focuses on estate planning, including the MEDICAL ASSISTANCE IN DEATH MORE FREQUENT From enactment of medical assistance in death legislation in 2016 and the last interim report in April, 2019 — 6,749 Canadians ended their lives with medical assistance. The numbers across time were: Dec. 2015-Dec. 2016: 970 Jan. 1-June 30, 2017: 1,179 (46% increase from first six months legislation was in effect) July 1-Dec. 31, 2017: 1,525 (26% increase over first six months of 2017) Jan. 1-Oct. 31, 2018: 2,614 Most common underlying medical conditions: #1: Cancer. #2: Neuro-degenerative illness. #3 Circulatory/respiratory illness

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