The Supreme Court of Canada said today it will hear an appeal by the BC Civil Liberties Association (BCCLA) that could grant terminally ill Canadians the right to assisted suicide. The case seeks to allow seriously and incurably ill but mentally competent adults the right to receive medical assistance to hasten death under specific safeguards. Lawyer Grace Pastine, who will argue the case for the BCCLA, says the decision to hear the appeal is a victory for those who support the right to to die with dignity. "I'm feeling great now. This is an enormous relief, and I'm just so happy that now there will be an opportunity to argue this very important case in front of the Supreme Court of Canada," Pastine told CBC News on Thursday morning. Several witnesses in the case are very ill and the BCCLA applied to have it expedited. But the high court rejected that, and as is customary, it gave no reasons. That means the hearing to determine the future of assisted suicide in Canada will l
The SCC has agreed to hear the appeal in the Carter case, a case about physician assisted dying, from the British Columbia Court of Appeal (BCCA). Both of the terminally ill patients involved in the Carter case, Gloria Taylor and Kay Carter, have now passed away but the British Columbia Civil Liberties Association will be arguing the case at the SCC. In June 2012, Madam Justice Lynn Smith of the B.C. Supreme Court found the current Criminal Code provision that prohibits assisted suicide to be unconstitutional. Justice Smith found that section 241(b) of the Criminal Code breaches the claimants’ rights under both sections 7 and 15 of the Charter. She further decided that those infringements are not justifiable under s. 1 of the Charter. In October 2013, the BCCA disagreed. The BCCA overturned the decision of Justice Smith on the basis that the constitutionality of section 241 with respect to section 7 and section 1 of the Charter was decided in Rodriguez v. British Columbia (Attorney
A Toronto man’s decision to end his life, simply because he felt it was time to die, has raised questions and concerns among family, friends and experts, some of whom say it could take the assisted suicide debate down a "slippery slope." John Alan Lee, a former professor of sociology at the University of Toronto, died in December. He had carefully planned his own death for months and discussed his decision with a CBC crew. "I can be satisfied," he told the CBC’s Duncan McCue when describing his life and the choice to end it. "I can say it’s been great. It’s enough."
In a historic vote in the National Assembly, Quebec has become the first province to legalize doctor-assisted death as part of comprehensive end-of-life legislation. Bill 52, An Act respecting end-of-life care, received broad support on Thursday from nearly 80 per cent of MNAs. Quebec Premier Philippe Couillard allowed his caucus to vote according to their conscience. The 22 MNAs who voted against were all Liberals, including 10 cabinet ministers.
The first-hand experiences of physicians from coast to coast vividly illuminated a paucity of available palliative care, a simmering health-care crisis in Canada as the baby boomer generation enters old age. The association's members had come together on Tuesday to debate whether to revise the current CMA policy on euthanasia and assisted death. The session ended with an overwhelming vote — 90 per cent — in favour of an advisory resolution that supports "the right of all physicians, within the bonds of existing legislation, to follow their conscience when deciding whether to provide so-called medical aid in dying." The CMA defines "medical aid in dying" as, essentially, euthanasia or physician-assisted suicide.