OTTAWA -- The Supreme Court of Canada has unanimously struck down the
ban on providing a doctor-assisted death to mentally competent but
suffering and "irremediable" patients.
from the country's top court sweeps away the existing law and gives
Parliament a year to draft new legislation that recognizes the right of
clearly consenting adults who are enduring intolerable suffering --
physical or mental -- to seek medical help ending their lives.
The judgment, which is unsigned to reflect the unanimous institutional
weight of the court, says the current ban infringes on all three of the
life, liberty and security of person provisions in Section 7 of the
Charter of Rights and Freedoms.
It does not limit physician-assisted death to those suffering a terminal illness.
"For seriously and incurably ill Canadians, the brave people who worked
side by side with us for so many years on this case -- this decision
will mean everything to them," said a visibly overjoyed Grace Pastine,
the litigation director for the B.C. Civil Liberties Association.
The court clearly instructs parliamentarians that current laws
"unjustifiably infringe (Section 7) of the charter and 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."
The pressure will now be on Parliament to act in an election year, as
the court says no exemptions may be granted for those seeking to end
their lives during the 12-month suspension of the judgment.
Friday's decision was spurred by the families of two now-deceased British Columbia women, supported by Pastine's organization.
Gloria Taylor, who had a neurodegenerative disease, eventually died of
an infection. Kay Carter, then 89, travelled to Switzerland, where
assisted suicide is allowed.
Taylor had won a constitutional exemption at a lower court for a
medically assisted death in 2012, but that decision was overturned in
subsequent appeals.
"Justice, dignity and compassion were the defining qualities of my
mother," Lee Carter told a crush of reporters after the decision came
down.
"We just felt that it was a fundamental right for Canadians that they should have this choice."
She called it "a huge victory for Canadians and a legacy for Kay."
Hollis Johnson, Kay Carter's son-in-law, called her "a vibrant and
intelligent woman" who "dreamed of legal change for all Canadians,
because she believed the laws forced people like her to suffer
needlessly at the end of their lives."
The Supreme Court gave a ringing endorsement of the original B.C. trial
judge's findings, albeit not for a constitutional exemption.
The decision reverses the top court's 1993 ruling in the case of Sue
Rodriguez, a fact the decision attributes to changing jurisprudence and
an altered social landscape.
Two decades ago, the court was concerned that vulnerable persons could
not be properly protected under physician-assisted suicide, even though
courts recognized the existing law infringed a person's rights.
But the experience of existing jurisdictions that permit doctor-assisted suicide compelled the courts to examine the record.
The B.C. trial judge "found no compelling evidence that a permissive
regime in Canada would result in a 'practical slippery slope,"' wrote
the top court.
"An individual's response to a grievous and irremediable medical
condition is a matter critical to their dignity and autonomy," the
judgment says.
"The law allows people in this situation to request palliative
sedation, refuse artificial nutrition and hydration, or request the
removal of life-sustaining medical equipment, but denies the right to
request a physician's assistance in dying."
The ruling goes on to state that "by leaving people like Ms. Taylor to
endure intolerable suffering, it impinges on their security of person."
The nine Supreme Court justices also note that when their court struck
down the country's prostitution laws in 2013, it recognized that the
legal conception of "gross disproportionality" has changed since the
Rodriguez decision.
"By contrast, the law on overbreadth, now explicitly recognized as a
principle of fundamental justice, asks whether the law interferes with
some conduct that has no connection to the law's objectives," says the
judgment.
"The blanket prohibition (on physician-assisted death) sweeps conduct into its ambit that is unrelated to the law's objective."
The court agreed with the trial judge "that a permissive regime with
properly designed and administered safeguards was capable of protecting
vulnerable people from abuse and error. While there are risks, to be
sure, a carefully designed and managed system is capable of adequately
addressing them."
Bruce Cheadle, The Canadian Press
Published Friday, February 6, 2015 7:00AM EST
Last Updated Friday, February 6, 2015 11:36AM EST
I was so pleased when I turned on the news at lunch and heard about the Supreme Court Ruling today. I think the law that has made assisted death illegal in our country is archaic. I completely agree with their decision that it goes against the charter of rights. Individuals that are terminally ill should have the right to end their life peacefully if that is their choice. It is their life and they should be able to make that decision. There has been other attempts by terminally ill patients to challenge this law but, they were in vain. Many of those who tried to fight the law are now deceased. I am sure their families would agree with the ruling today wholeheartedly. I do not understand the insistence of letting people suffer for months or even years before they pass on. I truly believe that if an individual is terminally ill and are going through immeasurable suffering, they should be able to pass on with dignity with the help of a physician.
I am feeling good today. My mind has settled down and my mood has stabilized. Was a tough few days but, I am definitely feeling more positive. I have been to the gym for the last three days and it has certainly helped my general wellness. I have already lost two pounds and have a goal I am working towards before I go back to work. My gym has moved and I love the new location. It feels like a gym that Rocky would train in. I am not going to be chugging any eggs in the near future but, it does help motivate me to get my ass in gear.
Hope you have a great weekend. Take care, Shawn.
“None but ourselves can free our minds.”
―
Bob Marley
