Posts Tagged ‘assisted suicide’

Carter & Assisted Suicide: Where We Stand One Year Later

March 2nd, 2016 by Safia Lakhani

This article was first published on the Ontario Bar Association’s website. It is an update to an earlier article which was first published on Rabble.ca.

February 6, 2016 marked one year since the Supreme Court released its ruling in Carter v. Canada, 2015 SCC 5. That decision struck down the constitutionality of Sections 14 and 241(b) of the Criminal Code, which prohibit assisted suicide, on the basis that they infringed on the individual’s right to life, liberty and security, and the right to equal protection under the law, in a manner that could not be justified under Section 1 of the Charter of Rights and Freedoms. Carter was a departure from the Court’s earlier ruling in Rodriguez, in which the provisions prohibiting assisted suicide were found to violate the individuals’ right to life, liberty and security, but in a manner that was justified under Section 1 of the Charter.

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The state of assisted-dying legislation after Carter

December 7th, 2015 by Safia Lakhani

This post was first published on rabble.ca

On November 13, 2015, newly elected Prime Minister Justin Trudeau provided his Minister of Justice, Jodi Wilson-Raybould, with a mandate letter. First on the list of priorities is that Ms. Wilson-Raybould “lead a process, supported by the Minister of Health, to work with provinces and territories to respond to the Supreme Court of Canada decision regarding physician-assisted death.”

It has been nine months since the Supreme Court released its ruling in Carter v. Canada, 2015 SCC 5, striking down the constitutionality of Sections 14 and 241(b) of the Criminal Code which prohibit physician-assisted suicide. The Court in Carter departed from the 1993 ruling in Rodriguez, which also dealt with the issue of physician-assisted suicide. In that case, the Court found that the provisions prohibiting physician-assisted suicide violated the individual’s right to life, liberty and security, but in a manner that was justified under Section 1 of the Charter of Rights and Freedoms. By contrast, the Court in Carter found that the offending provisions of the Criminal Code infringed on the individual’s right to life, liberty and security, as well as the right to equal protection under the law in a manner that could not be justified. Read the rest of this entry

‘Whose body is this?’: The right to die with dignity revisited

January 29th, 2015 by Lauren Blumas

Over the holiday season a story out of Winnipeg grabbed the attention of the Canadian public. The story went something like this: an elderly woman fell in the home she shared with her middle‑aged son. She was injured in the fall and left unable to get up under her own power. Her son, apparently carrying out the wishes of his mother, did not call for emergency assistance and did not move her to bed. Instead, the 62‑year-old covered his mother with a blanket where she lay and provided her with food and water until she passed away several weeks later.

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