Parichehr Salasel believed that where there was life, there was hope. Two doctors at Toronto’s Sunnybrook Health Sciences Centre disagreed, saying that it is in the best interests of her husband, Hassan Rasouli, who is in a permanent vegetative state, to be taken off life support and provided with palliative care until his death. The seven-month medical conflict over Mr. Rasouli’s fate ended on Wednesday when Ontario’s top court took Ms. Salasel’s side in a ruling that is expected to reignite for Canadians the emotional issue of how to handle end-of-life decisions and whether extraordinary medical interventions save lives or merely prolong dying.
The claim that the legislation infringes Ms. Taylor’s equality rights begins with the fact that the law does not prohibit suicide. However, persons who are physically disabled such that they cannot commit suicide without help are denied that option, because s. 241(b) prohibits assisted suicide. The provisions regarding assisted suicide have a more burdensome effect on persons with physical disabilities than on able-bodied persons, and thereby create, in effect, a distinction based on physical disability. The impact of the distinction is felt particularly acutely by persons such as Ms. Taylor, who are grievously and irremediably ill, physically disabled or soon to become so, mentally competent, and who wish to have some control over their circumstances at the end of their lives. The distinction is discriminatory, under the test explained by the Supreme Court of Canada in Withler, because it perpetuates disadvantage.