Carter v Canada (AG)

Supreme court of Canada in summer

Carter v Canada (AG) is a landmark decision by the Supreme Court of Canada that fundamentally changed the legal landscape regarding assisted suicide in Canada. The case was decided on February 6, 2015, and it struck down the prohibition on physician-assisted dying for competent adults who are suffering intolerably from grievous and irremediable medical conditions.

Background

The case was brought forward by the British Columbia Civil Liberties Association (BCCLA) on behalf of several plaintiffs, including Gloria Taylor, who was suffering from amyotrophic lateral sclerosis (ALS), and Kay Carter, who had spinal stenosis. The plaintiffs argued that the prohibition on assisted suicide violated their rights under the Canadian Charter of Rights and Freedoms, specifically Section 7 (the right to life, liberty, and security of the person) and Section 15 (equality rights).

Legal Issues

The primary legal issue in Carter v Canada (AG) was whether the prohibition on assisted suicide under Section 241(b) of the Criminal Code violated the Canadian Charter of Rights and Freedoms. The plaintiffs argued that the prohibition forced individuals to endure intolerable suffering and deprived them of the right to make decisions about their own bodies and lives.

Supreme Court Decision

The Supreme Court of Canada unanimously ruled that the prohibition on physician-assisted dying was unconstitutional. The Court held that the prohibition violated Section 7 because it deprived individuals of their right to life, liberty, and security of the person in a manner that was not in accordance with the principles of fundamental justice. The Court also found that the prohibition was overbroad and grossly disproportionate to its objective of protecting vulnerable persons from being induced to commit suicide at times of weakness.

The Court suspended its declaration of invalidity for 12 months to allow the Parliament of Canada to enact new legislation that would comply with the Charter. This period was later extended by an additional four months.

Impact

The decision in Carter v Canada (AG) led to the enactment of Bill C-14, which legalized medical assistance in dying (MAID) under certain conditions. The legislation sets out specific eligibility criteria and procedural safeguards to ensure that the decision to seek MAID is well-considered and voluntary.

See Also

• Canadian Charter of Rights and Freedoms
• Supreme Court of Canada
• Assisted suicide
• Bill C-14
• British Columbia Civil Liberties Association

External Links

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