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Carter v. Canada

14 Dec 2015

Next is a summary of the decisions in Carter of the trial judge, the Court of Appeal, and finally, the Supreme Court of Canada. [...] He called it “a haunting type of case.” The majority in Rodriguez held that, while infringement of the section 7 right to security of the person did exist, the infringement was in accordance with the principles of fundamental justice. [...] The Attorney General of Canada argued that an absolute prohibition on assisted suicide was necessary to avoid risking the deaths of incompetent persons, deaths that are involuntary (i.e., that are coerced), the deaths of individuals with treatable conditions, the deaths of “ambivalent” individuals, the deaths of “misinformed” individuals, and the deaths of vulnerable populations, including 15 the [...] Taylor’s death, the majority of the Court of Appeal held that the remedy of constitutional exemption would be appropriate for circumstances in which “a generally sound law … has an extraordinary, even cruel, 29 effect on a small number of individuals.” 2.4 THE SUPREME COURT OF CANADA DECISION The Supreme Court heard the Carter appeal on 15 October 2014. [...] Early in the decision, the Court states that: two of [the provisions of the Criminal Code] are at the core of the constitutional challenge: s. 241(b) … and s. 14 … It is these two provisions that prohibit the provision of assistance in dying.
euthanasia

Authors

Butler, Martha

Pages
19
Published in
Ottawa [Ontario

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