This morning the Supreme Court of Canada ruled 9-0 on the Carter v. Canada (Attorney General) case, deciding that Sections 241(b) and 14 of the Criminal Code are unconstitutional and that a prohibition on assisted suicide infringes on an individual’s rights as laid out in Section 7 of the Charter of Rights and Freedoms.
The Court determined that s. 241(b) and s. 14 “are of no force or effect to the extent that they prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition” (Supreme Court Judgments).
The Court has given the federal and provincial governments 12 months to craft legislation in response to this ruling, but the ban on doctor-assisted suicide stands until then.
With this decision, the issue of aid in dying will likely continue to be a major topic of discussion for the foreseeable future.
It is timely then that our 48th Annual Refresher: Wills & Estates program, running April 19–21, opens with a keynote address on Aid in Dying. Dr. Arthur Schafer, of the University of Manitoba, will describe the contours of the current Canadian debate, ethical concerns, and legal issues. Kevin Díaz, Director of Legal Affairs for Oregon’s Compassion & Choices organization, will describe Oregon’s 17 years of experience with its Death with Dignity Act, which permits aid in dying to some terminally ill people.
Have you kept up with how the issue of aid in dying has been discussed in the news over the past few days and months?
- Today the Calgary Herald shared an article written by Ian MacLeod, of the Ottawa Citizen, that outlines the debate over aid in dying that has been playing out in Canada, including a video with statements from Stephen Fletcher, Conservative MP, and Lee Carter whose mother, Kay Carter, travelled to Switzerland to end her life because aid in dying had been illegal in Canada.
- In response to today’s ruling, the Edmonton Journal provided a summary of some right-to-die legislation that exists in other jurisdictions throughout North America.
- Globe and Mail’s Sean Fine published an article yesterday, outlining the top 10 things people should understand about doctor-assisted suicide.
- In December, the National Post shared findings from an Angus Reid poll that asked Canadians about their feelings on the proposed changes to allow assisted suicide. In this article, Joseph Brean solicited feedback on the issue from Dr. Arthur Schafer, who our Refresher program attendees will hear from on April 19.
- Andrew Coyne, a Canadian political columnist, weighed into the debate, offering his thoughts on the ethical implications of erasing the distinction between suicide and assisted suicide in an editorial published in the National Post on December 8.
What is your perspective on this issue and the Supreme Court’s historic ruling today?
If you’re interested in hearing more about the issue of aid in dying (and 5 other pressing topics related to the area of wills and estates), consider heading to our website to register online for our 48th Annual Refresher program. If you want to attend this incredible program, don’t delay – there is limited space left available.
