of that person if
(a) the operation is performed with reasonable care and skill;
(b) it is reasonable to perform the operation, having regard
to the state of health of the person at the time the operation
is performed and to all the circumstances of the case.
219(1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do;
shows wanton or reckless disregard for the lives or safety of
Definition of "duty"
(2) For the purposes of this section, "duty" means a duty
imposed by law.
In s. 45, one notes that the physician is protected from criminal
responsibility if his act can be characterized as reasonable.
In s. 219, the notion of conduct which shows wanton or reckless
disregard is introduced.
Can the conduct of a physician who stops the respiratory support
treatment of his patient at the freely given and informed request
of the patient, and so that nature may take its course, be
characterized as unreasonable? Or does such conduct denote wanton
and reckless disregard? I do not believe so.
Sections 222 to 241 of the Criminal Code deal with different
forms of homicide. What I have just reviewed is sufficient to
conclude that the person who will have to stop Nancy B.'s