On February 6, 2015, the Supreme Court of Canada ruled unanimously that adults with a “grievous and irremediable medical condition” (1) which causes enduring and intolerable suffering have the right to physician assisted suicide. (1,3,5)
The Court declared that the ban on physician-assisted suicide infringes upon the Charter of Rights and Freedom’s (1,2) guarantee of “the right to life, liberty and security of the person,” (1,2) overturning a previous 5-4 ruling in 1993.
The court suspended its’ ruling for one year to offer the government time to craft legislation for the issue. (1,3,4,5,19)
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- Desires “as broad a consultation, as inclusive a process as possible” including a faith-based perspective and the perspective of the disabilities community (6, 8)
- Created a three-person panel to advise the federal government on the issue made up of Harvey Chochinov, Catherine Frazee, and Benoît Pelletier (6, 8)
- Declared intention to ask for an extension on the suspension of the ruling to avoid the law being voided (6)
- Stated that a committee created in the House of Commons would not be broad enough an examination to do the issue justice (7, 18)
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- States their intention to make access to palliative care a priority (11)
- Pledges to immediately take steps to implement the court’s decision “swiftly with balance, respect and sensitivity” (11)
- Will use the Quebec Government’s “highly effective, consensual and broadly supported process” as an approach to the issue (11, 20)
- Believes there is a need to listen to Canadians in order to “protect the vulnerable without creating unreasonable barriers for individuals seeking access to dying with dignity” (11)
- Stated that it was “a real possibility” that they would ask for an extension on drafting legislation (16)
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- Resolves to decriminalize medically assisted suicide after public consultation (10, 13, 15)
- Commits to “working with the professional medical community and relevant stakeholders in a collaborative effort to establish professional protocols in relation to de-criminalizing medically assisted death in Canada” (10, 17)
- Declares their intention to create a non-partisan committee to examine the issue (9, 17, 18)
- Believes their is a need for a national conversation on dying with dignity (17)
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- Has stated that “parliament should take immediate action to legislate new rules that respect the Supreme Court’s ruling” (13, 14)
- Supports “changes to the Criminal Code to allow for physicians to assist death in limited cases and circumstances involving adults with full mental capacity to consent, in situations of terminal illness and who find their situation unbearable” (11, 14)
- Will “remain vigilant against any attempt to allow any acceptance that any person can make such a decision for another person” (11, 14)
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References
- Supreme Court Ruling
- The Charter of Rights and Freedoms
- The Globe and Mail
- CBC
- CTV
- CBC
- CBC
- The Toronto Star
- Global News
- Liberal website
- Liberal website
- CBC
- CTV
- Green website
- CTV
- The Toronto Star
- Liberal website
- La Presse
- Radio Canada