Canada does not recognize “living wills”. How then can people set out instructions as to what care they want administered to themselves when they are dying? Typically such instructions focus on when to stop using medical treatment. Many people do not want to prolong life where there is no hope for recovery.

The recent BC Supreme Court case of Bentley v. Maplewood Seniors Care Society provides some insight. Mrs. Bentley had prepared two letters, each stating that she wanted care to be withdrawn from her when her physical or mental condition was beyond hope. Each was a clear statement that she wished to die with dignity rather than be kept alive without dignity. The care home, health authority and government refused to withdraw care. Her husband and daughter applied to court to force the facility to allow Mrs. Bentley to die in accordance with her wishes.
The judge spent much of his time addressing technical issues of the form of the instruction letters, and the possibility that Mrs. Bentley had some level of mental function.
The judge refused to allow care to be withdrawn from Mrs. Bentley. He dismissed the evidence of her general practitioner (who had known Mrs. Bentley for 30 years); her husband; and her daughter. The judge preferred the opinions of a physician who assessed her once on admission to palliative care, and a professor of social work who assessed her once as part of the lawsuit. It is clear that another judge could just have easily accepted the evidence of Mrs. Bentley’s physician, husband and daughter. That is, there is no obvious fact which determines the result. Such cases end up being decided according to the subjective views of the judge. That doesn’t mean the judge is wrong. It just means that he is no more “right” than any random person who sincerely tries to make a decision.
The message here is: If you wish to make provision for death with dignity, you must follow the terms of the Health Care (Consent) and Care Facility (Admission) Act, ss.19.4 & 19.5. You should consult a lawyer to ensure you do it right. The most important terms are: (1) set out exactly what you want, and in what circumstances; (2) sign in the presence of two witnesses, and they must sign in your and each other’s presence (like a will); (3) certain people are not allowed to be witnesses; and (4) you must not direct that something against the law is done, or that something not be done which is required by law to be done. For example, it is not permitted to instruct that you be administered a lethal injection (illegal act), nor that you not be fed and watered (illegal omission). It is legal to direct that pain-killing medication be administered to keep you completely pain-free, even if to do so is inconsistent with continued life.