Righttodie.ca
Right to Die Society of Canada
Vol. 4 No. 1-2 (Jan. 2012 - Jun. 2012)
hearings throughout Quebec since late 2010 releasedits report on March 22. The recommendations are
"Life needs an ESC (Escape) key."
notable for their compassion and courage. They also
(Newsletter editor Ruth von Fuchs, and probably
show a practical turn of mind, and awareness about
many others as well)
the ways of the world.
Of primary interest for the right-to-die
community is the recommendation that medical aidin dying be recognized as appropriate end-of-life care,provided certain conditions are met. Rather than
The number: 4%
imposing do-it-yourself responsibilities on people whoare weak and tired (as in places where assisted
What it is:
suicide is al owed but euthanasia is not), the Quebec
60% minus 56%. In a survey of1669 California
thinkers propose that people should be able to receive
adults, 60% of respondents said it was "extremely
service, from members of the profession that has
important" to make sure their families weren't burdened
served them all their lives.
by tough decisions about their care, but 56% had not
With respect to qualifying conditions, the
expressed their wishes to the person who would be
recommendations move bravely and humanely outside
making those decisions.
the mainstream by including people who haveconstant and unbearable psychological suffering that
cannot be relieved by any method they could tolerate.
The person with the wishes may not be solely
The committee's "practical turn of mind"
responsible for the disconnect. Spouses or offspring or
shows in several parts of the recommendations about
other potential proxies may have deflected attempts to
advance directives:
start a just-so-you-know conversation, in a misguided
– Such directives should appear in patients' medical
effort to spare the "worrier". The situation often calls
files and be recorded in a register
for persistence or even a bit of craftiness.
– Doctors should be required to look for patients' directives
– Directives should be allowed to include an instruct-
February 14, 2012 (Valentine's Day!) in San
ion that medical aid in dying is to be provided
if certain circumstances prevail– Facilities' quality-and-complaints personnel should
NEWS IN CANADA
regularly check that advance directives for medical aid in dying are being honoured
Report of Quebec Committee
– An expert committee should be created to look at the possibility that someone who has developed a
The all-party committee which had been holding
dementing condition such as Alzheimer's disease
could express a desire to receive medical aid in dying
sedation may relieve the suffering of many, for some
(presumably at a fairly-distant future time, when the
persons it may be unavailable (due to the nature of
person's decline has reached a specified stage).
their il ness) or unacceptable to them (because they
Practicality is also evident where the committee
value maintaining consciousness and the ability to
notes changes that should be made to prosecutorial
communicate, feel that death while under palliative
guidelines and to the ethics codes of medical-
sedation wil be difficult for their families to observe,
professionals' associations. And in the ultimate touch
worry that they wil in fact maintain consciousness, or
of realism, the committee sets a deadline for the tabling
for other reasons). Thus, they may be required to
of a bill in the National Assembly: "no later than June
undergo physical pain or psychological suffering or
both, possibly exacerbated by terrible fear about whatis yet to come.
Wise Decision in BC
Fifth, they are required to undergo stress. The
non-availability of physician-assisted death means that
After listening to ten expert witnesses, and
patients cannot obtain an ‘"insurance policy" that they
pondering thousands of pages of written submissions,
may never use but that gives them some peace of
Judge Lynn Smith announced her ruling in the Carter
mind and relieves their fear."
case, on June 15.
Smith wrote "I find the conclusion inescapable
She had been quite persuaded by the
that the Criminal Code provisions regarding assisted
arguments of the plaintiffs (who included Lee Carter,
suicide have a more burdensome effect on persons
ALS sufferer Gloria Taylor, and the British Columbia Civil
with physical disabilities than on others." This violates
Liberties Association). They asserted that Section
their equality rights as established by Section 15 of the
241(b) of the Criminal Code of Canada, which makes it
an offence to assist with a suicide, is unconstitutional
Overall, Smith concluded that "the benefits of
because it violates two sections of the Charter of Rights
the impugned laws are not worth the rights limitations
and Freedoms: Section 7, establishing the right to "life,
they create." She agreed with the plaintiffs' claim that
liberty and security of the person", and Section 15,
the blanket prohibition on assisted suicide is overbroad
prohibiting discrimination on the basis of disability.
and has effects which are grossly disproportional to its
In Sections 1324 - 1329 of her decision, Smith
presents a deeply-thought account of how the current
New laws could achieve the desired objectives
law harms people, especially people like Taylor:
by setting out conditions under which exceptions
"First, they experience a shortened lifespan if
would be made, along the lines of the policies in
they take steps to end their lives sooner than they
places such as Belgium and Holland and Oregon.
would feel it necessary to do if they were able to
Several expert witnesses had described the exper-
receive assistance.
ience of those jurisdictions and Smith was convinced
Second, they are denied the opportunity to
that effective safeguards can be designed and
make a choice that may be very important to their
sense of dignity and personal integrity, that is con-
In Section 1393 of her decision she indirectly
sistent with their lifelong values and that reflects their
presents her sketch of what a new law might say:
life's experience. Further, their ability to discuss and
"(the impugned provisions) are of no force and effect
receive support in this choice from their physicians is
to the extent that they prohibit physician-assisted
suicide by a medical practitioner in the context of a
Third, for persons who are physically disabled,
physician-patient relationship, where the assistance is
they are deprived of a measure of self-worth in that
provided to a fully-informed, non-ambivalent
they are denied the same degree of autonomy as that
competent adult patient who : (a) is free from coercion
afforded to others.
and undue influence, is not clinically depressed and
Fourth, while palliative care including palliative
who personally (not through a substituted decision-
maker) requests physician-assisted death; and (b) has
Indeed, the national society has had less-than-national
been diagnosed by a medical practitioner as having a
jurisdiction for quite some time; many of the regional
serious illness, disease or disability (including disability
medical societies have declared themselves not bound
arising from traumatic injury), is in a state of advanced
by its dicta.
weakening capacities with no chance of improvement,has an illness that is without remedy as determined by
reference to treatment options acceptable to theperson, and has an illness causing enduring physical or
psychological suffering that is intolerable to that personand cannot be alleviated by any medical treatment
Theoretically, Dutch citizens have access to
acceptable to that person." To protect people like
medical aid in dying if they meet the legal require-
Taylor, by ensuring that Section 15 would be respected,
ments. But in practice, qualified applicants have often
physical disability (present or impending) should be
been rejected, because doctors are the gatekeepers of
seen as an important additional indicator.
the service.
Although Smith ordered a selective suspension
For instance, one of the requirements is
of the offending law, she allowed a one-year stay of
unbearable suffering, but a doctor who is reluctant
execution, so that Parliament would have time to draft
(perhaps on personal ideological grounds) may decide
a suitable replacement.
that the suffering cannot be considered unbearable,
To Taylor, however, Smith granted an
regardless of what the patient feels and says. As
immediately-effective constitutional exemption. "She
another example, the doctor may be uncertain about
wil be permitted to seek, and her physician wil be
how to interpret the law with respect to a given case,
permitted to proceed with, physician-assisted death
and decide to err on the side of caution.
under specified conditions."
People in the Dutch right-to-die movement
have long deplored this situation, in which innocentpeople suffer merely because of having Doctor X
NEWS OUTSIDE CANADA
instead of Doctor Y.
For some patients, a right-to-die group can
solve the problem by connecting the person with adifferent doctor, one who would know and respect the
A Step in the Right Direction
law. But this approach does not work for patients wholive in a rural area where the obstructive doctor is
Berlin doctor Uwe-Christian Arnold believes that
"the only game in town".
a patient who is approaching death should be able to
Finally one of the groups, the one called NVVE
choose when and how to meet it. Over the last 15
for short, decided that something more had to be
years he has supported about 200 patients by pro-
done. They set up six teams, each composed of a
viding them with drugs which they could use to end
doctor and a nurse, that could go wherever a needy
their life when they felt the time had come.
patient happened to be. March 1 was the start date
The German Medical Society objected to this
of the service.
practice, stating that if Arnold did not abandon it he
In their initial contact with a patient, the team
would forfeit his medical licence and be fined $60,000.
will begin a process of getting thoroughly informed
Arnold lodged an appeal with Berlin's Admin-
about the patient's history and prognosis. They may
istrative Court. On April 2 the court announced it had
also connect with the patient's original doctor, in case
decided in his favour, saying that to ban doctors from
a bit of "continuing education" might lead to a change
helping the terminally ill would be "against freedom of
of mind. Team members themselves will have access
conscience", and ruling that the Society's threat was
to an independent consultant (the Netherlands has a
invalid because the organization had no legal standing.
service called SCEN that gives doctors guidance
regarding euthanasia cases).
Good News for Final Exit Network
Eventually, if it is verified that the patient does
indeed meet the requirements, the team wil make a
A February 6 ruling of the Georgia Supreme
final visit and will administer life-ending treatment
Court meant that the four Final Exit Network vol-
according to the normal procedure, usually in the
unteers who were arrested in 2009 (in connection
patient's home and with family members gathered
with the suicide of John Celmer) will not have to stand
trial. The charges against them will be dismissed.
Georgia does not criminalize assistance with
suicide. What it did try to criminalize, in a 1994 lawaimed at preventing a Kevorkian-style atmosphere, is
Report of Falconer Commission
making a public advertisement or offer to assist. Butthe Supreme Court judges unanimously struck down
After a year of investigation and deliberation,
that law, saying it violated freedom-of-speech rights
Britain's Commission on Assisted Dying presented its
established by both the Georgia Constitution and the
report to Parliament. The 415-page report was made
US Constitution.
available on January 4.
It proposes that assisted suicide (but not
Doctor Uses Law He Helped Create
euthanasia) be made legally available, in cases meetingcertain requirements:
(Article based on a tribute written by Derek Humphry)
1) The person is within a year of dying from theirdisease;
British-born Peter Goodwin began his medical
2) Two independent doctors are satisfied with the
career in South Africa, then emigrated to the US in
1962. In his work with patients he was struck by how
3) The person has been made aware of all their
powerless they were. In 1990 he joined the Hemlock
alternatives (in the way of social and medical help);
Society, then in 1992 became chair of the Oregon
4) The person has not been pressured or been made to
Right to Die Committee.
feel that they are a burden;
The laws proposed during earlier US cam-
5) The person's illness is a physical one, not one that is
paigns, in California and in Washington State, had
currently classified as "mental"; and
included euthanasia (e.g. lethal injection) as well as
6) The person can self-administer the necessary drugs.
assisted suicide (e.g. prescribing a fatal dose of a
There are obvious similarities to laws that exist
drug). Goodwin's understanding of his fellow phys-
in other jurisdictions, such as Oregon. But Lord
icians led him to recommend that Oregon try for a law
Falconer, who chaired the Commission, seemed clearer
confined to assistance with suicide. Doctors recoiled
on what he did not recommend than on what he did.
from the idea of giving an injection, and would be
Writing in the Daily Telegraph on January 2 he said
more likely to accept a law in which they played a
"Commissioners visited the (Dignitas) clinic and spoke
remote role – prescribing the lethal overdose but not
to the people who ran it. They did not like much of
being present – because in that situation the
what they saw . . But should the UK adopt the model
responsibility lay with the patient.
used in Holland? . . We doubt it . . And would we
At an annual meeting of the Oregon Medical
want a system that required the ingestion of around 90
Society, Goodwin tried to get the Society's support for
capsules of medication in a short period of time, often
the proposed law. He did not achieve that objective
without the supervision or support of a doctor, as is the
but the Society did agree to not oppose the law.
Voters approved the law in 1994 and again in
1997. Since 1998, about 600 citizens have used the
Death With Dignity Act. On March 11, surrounded byhis family, the 83-year-old Goodwin used it himself. In
2006 he had been diagnosed with corticobasal
tragic suicides (and equally tragic failed attempts) are
ganglionic degeneration, a rare disease with no cure
made less likely when society no longer has a blanket
and very few therapies to relieve symptoms. Thanks in
prohibition on providing exit assistance. Able to
part to his own efforts two decades earlier, he had the
openly seek information and support, people become
power to choose the time and the manner of his death,
less isolated and desperate. Quite often they gain
once his doctors had confirmed that his disease had
enough peace of mind to go on living.
progressed to the point where he was likely to die from
Other speakers included Philip Nitschke
it within six months.
("Real End-of-Life Choice") and Swiss Justice MinisterSimonetta Sommaruga ("What Degree of Self-
Determination at Life's End?")
For all the presentations just mentioned (and
Biennial Conference Held in Zurich
for several others), the full text is available via thewebsite of the World Federation,
(Overview by Ruth von Fuchs)
In the column that runs along the left side of thehomepage, click "Conferences"; on the page which
The 17th conference of the World Federation of
then appears, choose "Zurich". A link to the public-day
Right to Die Societies ran from June 13 to June 18,
speeches is given first, and then come quite a few
with Federation business occupying the first day and
other links that you may want to fol ow.
the beginning of the second.
Much of the full-text content is in German but
Thursday June 14 saw four new societies being
Nitschke's speech and Faye Girsh's reports are in
inducted into the Federation, bringing the total number
English. To find an English version of Minelli's paper,
of member societies to 48 (from 26 countries). One of
search "referat-wf-kongress" in google.com/ncr and
the new groups was the Canadian organization Farewell
ignore the warning message you receive, or try
Foundation, based in Vancouver (604-521-1110 or
). The other three were
Society for Old Age Rational Suicide (Britain), Lifecircle
While you are on the site you may very well
(Switzerland), and Ultime Liberté (France). Lifecircle
want to sign up for monthly news-messages from the
will accept people from outside Switzerland, as Dignitas
Federation. Back at the homepage, go once again to
has done for many years. Ultime Liberté shares with
the column that runs along the left side, but now click
Farewell Foundation the view that aid in dying can be
"News". On the page which then appears, use the
provided safely and competently by non-doctors who
second block at the right-hand side of the page to give
have received the relevant training and acquired the
the address you want the messages sent to (you can
leave the "Filter" block as it is).
Thursday also featured speakers from Japan,
The left column of the homepage also helps
USA, and the Netherlands, as well as a multi-national
you subscribe to the Federation's twice-a-year
newsletter (edited by Faye Girsh) and to the almost-
Friday June 15 was Public Day. Several of the
daily ERGO message list (prepared by Derek Humphry).
speakers were eminent or controversial or both.
Early on Saturday, news of Judge Smith's
Lawyer Roger Kusch, of Sterbehilfe Deutschland
enlightened decision (see pages 2-3) reached the
(Death-Help Germany), described "Cases of Assisted
participants in the conference. Much rejoicing and
Suicide in Germany".
congratulating ensued!
Andreas Brunner, Attorney General of the
The happiness continued through the morning,
Canton of Zurich, outlined his views on "How the State
when Dignitas hosted a tour of its new facility "the
Should Handle Assisted Suicide". Brunner and Dignitas
blue house" and offered refreshments in the sunny
have often had differences of opinion, it could be said.
garden. Tour participants were also taken to the
Ludwig Minelli of Dignitas made the case that
Dignitas office and met many of the 15 part-time
employees who keep Dignitas functioning.
police officer who soon arrived was aghast when told
Saturday afternoon was devoted to Nu-Tech,
that the man had suicided – he cried "And you didn't
the informal "think tank" that connects people in many
countries who are working to find new self-deliverance
A much more common translation is
techniques and improve existing ones. Some
"accompanying". Many exiters act while their family
information from the session is presented in the
members are away at work, or they tell their relatives
"PRACTICALITIES" section further on in this issue.
to leave the house for a while and create an alibi by
The conference closed with a banquet
going to a place where they are known to staff and
celebrating the 30th birthday of Exit Deutsche Schweiz,
fellow patrons, enabling any investigators to confirm
the host group for the conference. As usual, several
that the exiter did not have companionship and moral
awards were presented. The Tenrei Ohta Award, for
support from a loved one.
the person who has had the most influence on the
"Facilitating" is a translation popular with
global r-t-d movement, was given to Ludwig Minel i of
Dignitas. The Canadian honor, the Marilynne Seguin
When people are trying to end their life by
Award, went to Russel Ogden of Farewell Foundation.
refusing food and fluids, they often have troublegetting a good night's sleep during the week or sobefore they lose consciousness. But when they ask
FOOD FOR THOUGHT
their doctor for a sedative (and some useful drugs canbe dissolved under the tongue with just one ice chip)
(Column by Ruth von Fuchs)
the doctor may think "If I do this I wil be assisting mypatient's suicide by making the process more
In Other Words
"Assisting" suicide is the terminology used by
Similarly, at least one doctors' association has
the Criminal Code of Canada, in the section where it
forbidden its members to provide patients with their
describes an offence for which the penalty can be as
medical records if there is a possibility that the records
much as 14 years of prison. The same word is used in
are wanted for sending to Dignitas.
the laws of many other jurisdictions.
All these creative translations flourish in the
Unfortunately there are many different notions
climate of fear created by the current law. People
about what constitutes, or does not constitute,
anxious to shield themselves let their imaginations run
wild, and recoil in every way they can think of.
The most extreme interpretation I have come
But it is futile to try making sense of a pro-
across involved a man with Parkinson's who cal ed me
hibition on assisting with a self-administered death.
to learn about ways in which he could exercise some
The law itself is nonsense.
control over his dying. One step I suggested was that
Ending your life yourself is a legal act, and by
he buy and use a living-will book which was then
the time you are in a state which makes you consider
available – "Let Me Decide", by Dr. William Mol oy. He
that act, you may very well need help with it. We are
wanted to write down the details but his hand was
a social species and helping our fellows is one of our
shaking so much that he could not manage. He asked
most characteristic activities. Under "Humane" my
his son, who was in the room, to write down the
dictionary says "Human; having the feelings and
information for him. The son refused, out of fear that he
dispositions proper to man; kind; benevolent; tender;
could be accused of assisting with a suicide.
merciful". Humane support in situations of
At a less extreme level, the forbidden action is
hopelessness and helplessness should be encouraged
translated as "allowing". An Ontario ALS sufferer who
by our laws, not discouraged.
chose to end his life before enduring the final stages ofhis disease was fully supported by his family, whonotified the authorities after he had exited. The young
(Column by Ruth von Fuchs)
book "A Hastened Death by Self-Denial of Food andDrink", which is now out of print. If you make your
NuTech at the World Conference
cheque for $45 instead of $35 she wil send you thebook as well as the DVD. Even if you think you would
"NuTech" is the nickname adopted by a group
not want or need to use this method, it doesn't hurt to
of informally linked right-to-die workers (myself among
be prepared for surprises such as a non-fatal stroke or
them) who are trying to develop "new technology" for
a change in the attitudes of relatives.
self-deliverance, and to refine existing technologies. It
Neal Nicol, from the USA, showed a device he
has become traditional for the group to meet at the
has developed for compressing the carotid arteries to
same time and place as the World Federation confer-
cut off the blood supply to the front part of the brain.
ence, though usually there is a printed disclaimer
Loss of consciousness occurs quickly and will be
making it clear that the NuTech meeting is not actually
followed eventually by death if one is not getting
part of the conference. At the 2012 meeting there was
oxygen, e.g. if one has enclosed one's head in an
standing room only, in a space that could seat 50.
elasticized bag. Some people have died without using
Highlights follow.
a bag but the brain also gets oxygenated blood via
A very useful DVD has been produced by Dr.
arteries that come up from the spinal column and
Boudewijn Chabot in the Netherlands. The English
cannot be compressed because they are protected by
version is entitled "Dying at Home with Helium". It
shows one method (the "hem" method) for making a
Nicol's device is very high-tech and many
suitable bag/hood, and it also covers how to prepare
people would have trouble getting the necessary
and use all the other materials (low-pressure helium
parts, which include pediatric sphygmomanometer
tank, vinyl tubing, etc.). If you search <dying-at-home-
bulbs. It is also very distinctive-looking, which means
with-helium> in google.com/ncr you will get to a
that after the third time it was used by an
website which can be used for ordering the DVD and for
institutionalized person an image of it would be
reading some valuable extra information about the
circulated on message lists used by hospitals and
method. (The site also lets you order a Dutch or
nursing homes, with the likely result that the luggage
German version, if you prefer – click the appropriate bar
of incoming patients/residents would be searched and
near the top of the screen.)
the device would be confiscated if it was found.
Ordering via the website requires using a bank
Carotid compression can also be accomplished
to transfer the funds (22.50 Euros, which is about
via everyday items such as a strong toothbrush and a
US$30). An alternative is take advantage of a "bulk
length of inch-wide sturdy cloth tape, of the kind
purchase" made by Faye Girsh. Canadian-dollar
intended for stiffening the tops of curtains. These
cheques will be accepted but the amount should be
items are not likely to be confiscated if they are found
$35 to allow for a fee which her bank will probably
during a search conducted in the Admitting
charge. The cheque should be made payable to Faye
Girsh and mailed to her at
Many of the participants in the workshops
#108 - 7811 Eads Ave.
given by Chris Docker (in Scotland and England) have
made sure that their take-with-me-to-hospital bag
contains what they would need in order to end their
Write "Helium DVD" in the "Memo" area of the cheque.
life by the compression method, if their prospects
Print your address somewhere too, if it is not imprinted
became very grim and they were unlikely to be able to
on your cheques.
go home. (Theoretically the method is not restricted
The disc is designed to be played via a
to an institutional setting, but practically speaking it is
computer, in the CD/DVD drive or via an external disc
usual y seen as a last-resort option.) The latest edition
of Docker's book Five Last Acts can be purchased via
Special offer! Faye also has copies of Chabot's
<amazon.com> for about $50 US.
Tijn Hagens, of the Dutch group "de Einder"
It is a testament not only to Dick but to the differences
(The Horizon), works with people who qualify according
in approach to this question of self-determined,
to the spirit of the law, or according to the future law,
dignified death.
but perhaps not according to the current letter of the
I am proud of him for including all these
law – e.g. people who feel they have completed their
avenues thoroughly and without the negative
life, or those whose misery stems from an intractable
implications that we sometimes apply to other
condition which is considered to be "mental". (Other
people's work when it is not our own approach.
Dutch groups, and some groups outside the Nether-
It also more than justifies the existence of the World
lands, also have expressed concern about such people.) Federation since there is such a vast, internationalThese born-too-soon citizens are informed about exit
striving to achieve the same end.
methods they can implement themselves, such as
helium or chloroquine.
Chloroquine is an anti-malaria drug which is
Price: $29.95 US plus shipping
available without prescription in several places outsideNorth America, including some European countries
Peaceful Pill Handbook, 2nd Edition
which are close to Holland. (The desirability of beingable to obtain the drug without a prescription stems
Philip Nitschke, co-author of this book, uses
from the fact that a doctor is unlikely to prescribe the
the phrase "peaceful pill" as shorthand for "tolerably
necessary quantity to anyone who does not seem
reliable and comfortable exit techniques available to
healthy enough to be planning a six-month stay in
laypeople". Wide-ranging and detailed, like the first
Central America or some other place where the malaria
edition, this new version covers recent developments.
parasite has not yet become resistant to chloroquine.
For a hot-off-the-press level of recency, people
But people who are that healthy may not be equipping
can subscribe to the digital version or "e-Handbook",
themselves for an exit, saying "I'll cross that bridge
which will send regular notifications to their e-mail
when I come to it.")
address, telling them which content has been updated
Since chloroquine may cause convulsions
since the last notification and allowing them to read
before it causes death, people need special sedatives
whatever new material is of interest to them.
in addition to it, and of course they also need a strong
On people can order the
anti-vomiting drug such as metoclopramide. (The book
print version or subscribe to the digital version. The
Five Last Acts, mentioned above, gives details about
print version costs $40 US and the digital version
chloroquine use.)
costs $85 US for 2 years.
Right to Die Society of Canada NEWSLETTER
In Search of Gentle Death
Editor: Ruth von Fuchs
(Review by Faye Girsh, June 12)
Address: 145 Macdonel Ave.
Toronto, Ontario
I am on my way to Zurich and have been
travelling around the UK with Richard Côté's astonishing
Phone: 866-535-0690 or 416-535-0690
new book on my IPad. I have gotten through almost all
480 pages and am constantly amazed and impressed
with the writing, the organization, the research, and the
inclusiveness of this work.
Print: 1927-6400
It wil certainly be an encyclopedia for our
Online: 1927-6419
movement for a long time, though it reads like a novel.
Source: http://www.righttodie.ca/RTDSC-N_4-1and2.pdf
• FUNDACIÓN JUAN JOSÉ LÓPEZ-IBOR (www.fundacionlopezibor.es ). Creada en 2005 por el doctor en psiquiatría Prof. Juan José López-Ibor Aliño, tiene por objetola asistencia, docencia e investigación en el campo de la psiquiatría, la salud mental, la neurocienciay otros campos relacionados de las ciencias de la salud. Desarrolla sus actividades tanto enterritorio nacional como en el ámbito internacional. La Fundación integra a prestigiosos expertosnacionales e internacionales en el campo de las enfermedades mentales.
WARNER-LAMBERT V ACTAVIS – DO WE HAVE AN EFFECTIVE SYSTEM FOR ENFORCING SECOND MEDICAL USE PATENTS IN THE UK? Why is this important? Increasingly, unmet medical needs are being met by "repurposing" of old medicines for new diseases. Before such medicines may be used to treat patients for the new disease, expensive research including clinical trials must usually be performed. One mechanism to incentivise this research is to grant innovator companies exclusivity for the new indications through second medical use patents. Thus, there is a public policy argument for granting second medical use patents, and to ensuring that these patents are enforceable. On the other hand, generic versions of innovative drugs should be allowed on to the