Tag Archives: Carter v Canada

April 19, 2016

Physician-Assisted Death – Bill C-14

By Lauren Liang of Clark Wilson LLP

On April 14, 2016, the government introduced Bill C-14 that would legalize medical assistance in dying if it comes into force.

To understand the implications of the language in Bill C-14, a bit of history is in order. In February 2015, the Supreme Court of Canada held that a blanket ban on assisted death was unconstitutional, and ordered Parliament to draft right-to-die legislation that respects the Charter. The Supreme Court of Canada in Carter v. Canada (Attorney General) specifically held that the test for qualifying for medically assisted death in Canada should be: competent adult persons that (1) clearly consent to the termination of life, and (2) have a grievous and irremediable medical condition that causes enduring and intolerable suffering to the individual in the circumstances of his or her condition.

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March 7, 2016

Physician-Assisted Death – Alberta Decision

By Clark Wilson LLP Wealth Preservation Group of Clark Wilson LLP

On January 15, 2016, the Supreme Court of Canada granted a four-month extension (to June 6, 2016) of the suspension of its declaration in Carter v. Canada (Attorney General), 2015 SCC 5 (“Carter“), that ss. 14 and 241(b) of the Criminal Code are of no force and effect to the extent that they prohibit physician-assisted death for competent adult persons that (1) clearly consent to the termination of life, and (2) have a grievous and irremediable medical condition that causes enduring and intolerable suffering to the individual in the circumstances of his or her condition. At the same time, during the four-month extension, the Court granted an exemption from the prohibition on physician-assisted death to persons that met the Carter criteria so that they may apply to the superior court of their jurisdiction for relief. 

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February 26, 2016

Physician-Assisted Death – An Update

By YEMBlogAdmin of Clark Wilson LLP

After the Supreme Court of Canada decision in Carter v. Canada (Attorney General), the Special Joint Committee of Physician-Assisted Dying was appointed to make recommendations on the framework of a federal response on physician-assisted dying.  Its report was recently published, and the recommendations are found at pages 35 to 38 of the report.

Relatedly, the British Columbia Supreme Court released a notice regarding applications for exemption from the Criminal Code prohibition against physician-assisted dying.  As it stands, there is a suspension of the Supreme Court of Canada’s declaration that the Criminal Code provisions “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 purpose of the suspension is to allow Parliament to craft the appropriate legislation in response to Carter.

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June 26, 2012

Physician Assisted Suicide

By Lauren Liang of Clark Wilson LLP

Section 241(b) of the Criminal Code provides that anyone who aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. Under Section 241(b), physician-assisted suicide is also prohibited. The Supreme Court of British Columbia recently ruled in Carter v. Canada (Attorney General) [Carter] that Section 241(b) is unconstitutional because suicide itself is not illegal and the provision infringed on the equality rights of people who were mentally competent but were grievously and irremediably ill and physically disabled, or soon to become so, so that they were unable to commit suicide without assistance. 

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