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Russel Ogden writes the story of Evelyn Martens.
An extract:
By 1994 Evelyn was a Regional Advisor to the Right to Die Society of
Canada. She later became membership director, provided member-support,
and she participated actively in NuTech research for improved methods
for self-deliverance. Evelyn was a compassionate woman and believed
nobody should have to die alone. Around 1997 she sat for the first time
at the bedside of an individual who decided to end their suffering by a
carefully planned suicide. When there was nobody else to support a dying
person, Evelyn, ever the compassionate one, was there.
In 2002, at the age of 71, Evelyn was charged in the deaths of Monique
Charest and Leyanne Burchell. She was the first and only right-to-die
activist in Canada ever prosecuted for the offence of aiding suicide,
and she faced a maximum penalty of 28 years in jail. In the small town
of Duncan, BC, Evelyn stood strong through a preliminary inquiry that
lasted from November 13, 2002 to June 12, 2003. The criminal trial
started October 12, 2004.
On November 4, 2004 a jury of 12 women and men found Evelyn not
guilty.
Evelyn's victory was celebrated by many Canadians who had come to see
her as a caring hero with the courage to stand up for her convictions.
Her solid legal defence by Catherine Tyhurst and Peter Firestone was
funded by supporters from around the world who contributed to the Right
to Die Society of Canada fundraising campaign.
Evelyn Martens acquittal was significant because it clarified that mere
compassionate presence at suicide is not a crime in Canada. In 2005 the
Humanist Association of Canada awarded Evelyn Martens the prestigious
title, Humanist of the Year.
[Note: for convenience, the items from the
Wednesday
EuthaNEWSia are also in the Links below.]
[There are other related stories in the Links section below.]
[There are stories in the Overflow section below.]
To read the full article click on one of these links, both of which go to the same destination. A short link is provided for the convenience of readers. Also, readers may search and browse past and future advisories on the web (see bottom.)
http://lists.opn.org/pipermail/right-to-die_lists.opn.org/2011-January/004211.html
Also see:
Evelyn Martens dies
[Times Colonist]
http://www.timescolonist.com/news/Woman+cleared+aiding+suicides+dies/4061623/story.html
Evelyn Martens, whose trial in Duncan sparked a national debate on
assisted suicide, has died.
Martens's son, Les Poelzer, said his mother died Sunday in Misericordia
Hospital, Edmonton, from complications thought to be from a gall bladder
infection. She was 79.
Martens had been visiting another son in Hinton, Alta., when she fell ill.
In recent years, Martens had lived in Kelowna.
In October, 2004, when living in Langford, she went on trial for assisting
two women to kill themselves. She was acquitted after 14 days.
Giving Death A Hand
[CBC News]
http://www.cbc.ca/fifth/givedeathahand/index.html
In June of 2002, a 72-year-old grandmother named Evelyn Martens was
arrested by the RCMP as she traveled by ferry from Vancouver to Victoria,
British Columbia. She was charged with assisting in the suicides of two
British Columbia women. Although committing suicide is not illegal in this
country, assisting someone to do so is.
The fifth estate story, "Giving Death a Hand", tells the story of Evelyn
Martens, her life and her connection not only to the two women here in
Canada, but, also to the suicide of another woman half way around the
world, in Ireland. "Giving Death a Hand" examines these three cases and
raises the difficult moral and legal questions associated with the issue
of assisted suicide in Canada.
What makes a 72-year-old grandmother risk becoming involved in a criminal
activity that could send her to prison for the rest of her life? What
makes her decide whom she will help and why? Evelyn Martens did not take
the witness stand at her trial in 2004.
Giving Death A Hand: Life of Evelyn Martens
[CBC News]
http://www.cbc.ca/fifth/givedeathahand/life.html
A time-line of the life of Evelyn Martens from 1931
to 2004.
The Trial of Evelyn Martens
[Humanist Perspectives, 2005]
http://www.humanistperspectives.org/issue152/index.html
An issue of the magazine devoted to euthanasia and
the right to die, featuring Gary Bauslaugh's story
on the Trial of Evelyn Martens.
Canada: Evelyn Martens has died
[World right-to-die news list]
http://lists.opn.org/pipermail/right-to-die_lists.opn.org/2011-January/004204.html
Evelyn Martens, one of the founders of the Right to Die Society in
Canada, who faced a two-year long battle with the law — and won — died on 3 January 2011 in hospital in British Columbia.
Ogden, Russel. "Evelyn Martens - obituary of a devoted campaigner". World right-to-die news list. Fri Jan 7 10:47:49 PST 2011. <lists.opn.org/pipermail/right-to-die_lists.opn.org/2011-January/004211.html>. More information about the org.opn.lists.right-to-die mailing list: http://lists.opn.org/mailman/listinfo/right-to-die_lists.opn.org The list is a moderated news list about events world-wide concerning right-to-die issues, chiefly assisted suicide of the terminally and hopelessly ill. Once-daily Digest only. No charges is made for this service. Please give this List a sustained trial, but if eventually you don't want it, send a message 'unsubscribe'. Moderator: Derek Humphry
Tags (or keywords) briefly indicate some major topics of the report.
Evelyn Martens
assisted suicide
prosecution
Right to Die Society
Canada
Stories that EuthaNEWSia did not get to:
Assisted suicide will be high on Swiss political agenda in 2011.
[swissinfo]
http://www.swissinfo.ch/eng/politics/Case_puts_assisted_suicide_at_a_crossroads.html?cid=29157532
This article begins:
The
acquittal of a doctor accused of euthanasia has rekindled the
debate on assisted suicide in Switzerland, ahead of votes at the
cantonal level on the issue.
Later:
The verdict has had political consequences. Two senators have submitted
postulates to the federal government.
One politician, Didier Berberat, a centre-left Social Democrat who
represents canton Neuchatel, had called on the cabinet to propose
solutions to problems posed by the penal code that punishes those who
assist in another's suicide with a maximum of three years in jail or a
fine.
And:
In his postulate, senator and Green party member from canton Vaud, Luc
Recordon, asks that any changes to the law ensure that assisted suicide
can never become a commercial activity.
But Recordon also wants to see that foreigners are able to come to
Switzerland for assisted suicide. This service offered to people from
abroad by the Zurich-based Dignitas organisation has been the target of
widespread disapproval.
And:
Pressure on the government to act is also coming from the cantons. The
authorities in Basel Country have filed a cantonal initiative calling for
improved monitoring of right-to-die organisations. And in May, voters in
Zurich will decide on proposals to further tighten or introduce an
outright ban on assisted suicide at the cantonal level.
Switzerland: Doctor's acquittal will not be appealed
[World Radio Switzerland]
http://worldradio.ch/wrs/news/wrsnews/doctor-acquitted-of-assisting-suicide.shtml?22490
Neuchatel's former cantonal doctor has been acquitted of illegal assisted
suicide.
The public prosecutor has decided not to appeal a judge's ruling in her
favour last month.
Hospice best for patients with dementia
[World right-to-die news list]
http://lists.opn.org/pipermail/right-to-die_lists.opn.org/2011-January/004206.html
Food Consumer magazine reported 3 Jan 11:
Hospice care good for nursing home residents with advanced dementia
Life is not easy for elderly people with advanced dementia like
Alzheimer's who reside in a nursing home. If there are not many days
left for them, they may better off being referred to hospice, a new
study suggests.
The study led by DK Kiely and colleagues of Hebrew SeniorLife Institute
for Aging Research in Boston Massachusetts found hospice recipients were
more likely to regularly receive opioids for pain and symptomatic
treatment for dyspnea and they had fewer unmet needs at the end of their
life.
Australia: Right of reply on right to die
[The Australian]
http://www.theaustralian.com.au/news/opinion/right-of-reply-on-right-to-die/story-e6frg6zo-1225983866944
Christopher Pearson responds at length to critics
of his anti-euthanasia article
Test of conviction on a
life and death issue, The Australian, Jan. 1st.
[Note: For those interested in reviewing the state
of the euthanasia debate, Pearson's two articles
pretty well cover the anti-euthanasia
territory.]
Canada: Watching grandma die taught me lessons about living
[Calgary Herald]
http://www.calgaryherald.com/news/Watching+grandma+taught+lessons+about+living/4067452/story.html
[Note: The Calgary Herald is one of Canada's most
determined anti-euthanasia newspapers.] Paula Arab
writes a column, ending with:
[My grandmother], like most people
thinking about dying, no longer realized it, but
her life contained tremendous meaning for those
around her, to the final breath. Those
contemplating assisted suicide should remember
that all life has value, until it ends.
Top 10 Canadian stories of 2010
[The Interim]
http://www.theinterim.com/features/top-10-canadian-stories-of-2010/
The Interim, "Canada's Life and Family
Newspaper", rates the establishment of the
anti-euthanasia, ad hoc Parliamentary
Committee on Palliative and Compassionate Care as #10:
Formation of Parliamentary Caucus. On an April 21 press conference a
group of MPs announced the creation of the non-partisan Parliamentary
Committee on Palliative and Compassionate Care to promote "awareness of
glaring deficiencies in Canada's palliative and compassionate care
network, fostering constructive dialogue and substantive research on an
array of related subjects and implementing policies to address this
critical deficiency in the nation's approach to long-term health." The
PCPCC is co-chaired by Harold Albrecht (Conservative,
Kitchener-Conestoga), Michelle Simson (Liberal, Scarborough-Southwest),
and Joe Comartin (NDP, Windsor-Tecumseh). The committee will research four
central issues - palliative care, suicide prevention, elder abuse, and
disability issues - and expect to submit its report in early 2011.
South Korea: Hospital Ordered To Pay Family 40 Million Won
[Bernama.com.my]
http://www.bernama.com.my/bernama/v5/newsgeneral.php?id=553921
SEOUL, Jan 3 (Bernama) — A local court ordered a Seoul hospital to pay 40
million won (US$35,555) in compensation to the family of a patient who
died last year after winning the country's first legal battle for the
right to "die with dignity," Yonhap news agency reported Monday.
The 78-year-old woman fell into a vegetative state after suffering brain
damage from heavy loss of blood while undergoing a bronchial endoscopy in
February 2008 at Severance Hospital in western Seoul.
She died early last year after the country's top court recognized the
patient's right to die with dignity and ordered the hospital to remove the
respirator in the first case of its kind in the country.
The family sued the hospital a month after she fell into a coma, demanding
140 million won in compensation for malpractice and misdiagnosis and
failure to explain to the patient the full risks involved in the medical
procedure she would undergo.
Vermont: All Dems in Montpelier
[The Burlington Free Press]
http://www.burlingtonfreepress.com/article/20110104/NEWS03/110103024/After-six-years-of-divided-government-it-s-all-Dems-in-Montpelier
An extract:
Physician-assisted death advocates also backed
Shumlin in the race for governor because he supports their
cause. They will be pushing for an Oregon-style bill this year
that would allow those with terminal illnesses to opt for a
lethal dose of medication. Smith said the issue "may" come to a
vote in the House this session.
That's also no guarantee it'll pass. The House wrestled with a
physician-assisted suicide bill in 2007 before defeating it in a
82-63 vote that did not strictly follow party lines. Members'
votes more often came down to personal experience.
Smith, who has been speaker for two years and will return to the
role for the upcoming session, noted that many times political
differences don*t fall along party lines, but instead there are
competing goals between branches of government or even the two
chambers of the Legislature. Just because Shumlin served the last
four years as Senate leader doesn*t mean the Legislature*s going
to be in step with him all the time as governor, Smith said.
Austria to exhume bodies in Nazi euthanasia probe
[Reuters]
http://www.reuters.com/article/idUSTRE7032NC20110104
HALL, Austria (Reuters) - Hundreds of graves found at an Austrian state
hospital will be exhumed once the ground thaws to see if any are victims
of a Nazi-era purge of patients deemed unworthy to live, authorities said
on Tuesday.
The discovery of about 220 bodies in a hospital cemetery during a
construction project in Hall, near the Tyrolean capital Innsbruck, aroused
suspicions that some of those buried there between 1942 and 1945 were
victims of a euthanasia campaign.
"But one should not speak of 220 murder victims," historian Oliver Seifert
told Reuters Television, noting that some of the patients buried there may
have died of undernourishment or natural causes.
Officials told a news conference a panel of experts would oversee the
two-year project to identify the dead from hospital records and genetic
samples.
Nazi Germany, which annexed Austria in 1938, introduced mass killings of
the physically and mentally handicapped in an effort to eradicate people
deemed inferior.
Thousands in Austria died in gas chambers at the Hartheim Castle
euthanasia center near Linz.
At least 360 patients from the hospital in Hall were sent to their deaths
before the so-called T4 euthanasia program officially ended in August
1941, ushering in a new phase in which victims died from neglect, hunger
or drug overdoses.
"This phase of 'wild euthanasia' between 1942 and 1945 has really been
examined in just a cursory way," Seifert said.
Final Exit Network Messages Now on Commercial Airline Flights
[PR Newswire]
http://www.prnewswire.com/news-releases/final-exit-network-messages-now-on-commercial-airline-flights-and-in-airports-across-the-us-112798139.html
PENNINGTON, N.J., Jan. 3, 2011 /PRNewswire/ — This week an interview with
Final Exit Network President Dr. Jerry Dincin will begin to play on more
than 4000 airline flights during January and February, throughout the
Americas and Europe. Along with these interviews spot announcements will
run on television monitors in 48 American airports.
The interview stresses the information and compassionate support Final
Exit Network provides to mentally competent adult members who suffer from
an irreversible illness that has for them become unbearable, and who wish
to hasten the end of their life. Dr. Dincin says that, consistently,
national polls have shown that 75-80% of the American public favor a
person's right to die when medical circumstances warrant their decision.
The public service announcement on airport monitors speaks to the right to
die with dignity and asks viewers' support in advocating for the
organization and for this ultimate human right of the 21st century.
The display of Final Exit Network highway billboards around the country
continues with one now up in Pittsburgh, another to follow later this
month in Cleveland and then in Boston. These efforts are being paid for
by member donations. Anyone wishing to make a tax-deductible contribution
toward future billboards is welcome to do so by making a donation on the
organization's website.
Right-to-die group posts advertisement in Pittsburgh
[Pittsburgh Post-gazette]
http://www.post-gazette.com/pg/10363/1114055-53.stm
A new billboard erected Tuesday at the intersection of the Boulevard of
the Allies and McDevitt Place in Oakland says simply, "Die with Dignity — the Final Human Right."
Nothing much to argue with about that. But Final Exit Network, the
national organization that paid for the billboard and offers its contact
information on it, hopes there is plenty of debate in the next month over
the right-to-die issues the sign raises.
"What we're trying to do is get a dialogue going and raise public
awareness about the need for discussion and information with loved ones
about their final wishes," said Frank Kavanaugh, a spokesman for the New
Jersey-based nonprofit group.
Obama Returns to End-of-Life Plan That Caused Stir
[New York Times]
http://www.nytimes.com/2010/12/26/us/politics/26death.html?_r=1
Under the new policy, outlined in a Medicare regulation, the government
will pay doctors who advise patients on options for end-of-life care,
which may include advance directives to forgo aggressive life-sustaining
treatment.
Congressional supporters of the new policy, though pleased, have kept
quiet. They fear provoking another furor like the one in 2009 when
Republicans seized on the idea of end-of-life counseling to argue that the
Democrats' bill would allow the government to cut off care for the
critically ill.
The final version of the health care legislation, signed into law by
President Obama in March, authorized Medicare coverage of yearly physical
examinations, or wellness visits. The new rule says Medicare will cover
"voluntary advance care planning," to discuss end-of-life treatment, as
part of the annual visit.
Under the rule, doctors can provide information to patients on how to
prepare an "advance directive," stating how aggressively they wish to be
treated if they are so sick that they cannot make health care decisions
for themselves.
Assisted death advocate keen to start South African group
[Otago Daily Times]
http://www.odt.co.nz/news/dunedin/142111/assisted-death-advocate-keen-start-south-african-group
The man charged with the attempted
murder of his terminally ill mother
has joined a group that promotes
assisted death and wants to start his
own group in South Africa.
Sean Davison might also tour his
adoptive country with a high-profile
New Zealand euthanasia campaigner
before he faces trial in the High
Court in Dunedin.
Later in the report:
Davison told the Otago Daily Times he
would return to Dunedin and that he
wanted to contribute to seeking
changes to end-of-life laws in South
Africa.
He joined the Dignity New Zealand
Trust, formerly EXIT NZ, before he
left Dunedin and he wanted to set up
an affiliate organisation in South
Africa, Davison said.
He was in regular contact with
Dignity New Zealand founding trustee
Lesley Martin who, in 2004, was
sentenced to 15 months' jail for the
attempted murder of her terminally
ill mother.
The EuthaNEWSia ID for this advisory is: enid201101071049.
Mailed: Friday, January 7, 2011 14:17:20 -0600
at Saskatoon, Saskatchewan.
EuthaNEWSia is a free Canadian news advisory service covering end-of-life issues such as right to die, assisted suicide, and euthanasia. EuthaNEWSia is produced by the Right to Die Society of Canada which works toward a good death for all, including open, regulated and equitable access to euthanasia and assisted suicide. The editor is Michael Dawson <editor@euthanewsia.ca>.
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