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Supreme Court of Canada Grants Leave to Appeal in Physician Assisted Dying Case - CCLA Rights Watch … La veille sur les droits et libertés


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The SCC has agreed to hear the appeal in the Carter case, a case about physician assisted dying, from the British Columbia Court of Appeal (BCCA). Both of the terminally ill patients involved in the Carter case, Gloria Taylor and Kay Carter, have now passed away but the British Columbia Civil Liberties Association will be arguing the case at the SCC. In June 2012, Madam Justice Lynn Smith of the B.C. Supreme Court found the current Criminal Code provision that prohibits assisted suicide to be unconstitutional. Justice Smith found that section 241(b) of the Criminal Code breaches the claimants’ rights under both sections 7 and 15 of the Charter. She further decided that those infringements are not justifiable under s. 1 of the Charter. In October 2013, the BCCA disagreed. The BCCA overturned the decision of Justice Smith on the basis that the constitutionality of section 241 with respect to section 7 and section 1 of the Charter was decided in Rodriguez v. British Columbia (Attorney

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