SCoC ruling will be a matter of life and death

[oneh2obabe]

MONTREAL—The country’s top court on Friday (Feb. 6/15) is releasing what could be a landmark decision on the right of the terminally ill to end their lives — a ruling that could have implications for Canada’s aging population, its doctors and politicians across the country.

The case has pitted the federal government against the Province of Quebec, divided doctors, and forced religious groups to face off against patients on the verge of dying.

Observers on both sides of the debate don’t agree on much, except the three possible outcomes:

**A Supreme Court decision to maintain the legal prohibition on assisted suicide and euthanasia;
**A ruling that sections 222 and 241 of the Criminal Code (dealing with murder and aiding or counselling suicide) are violations of a terminally ill patient’s fundamental rights;
**A judgment that would allow assisted suicide but maintain the criminal ban on euthanasia as a form of homicide.

The moral, legal and political issues raised by a debate that has polarized the country were sparked by an 89-year-old woman with a degenerative spinal condition who travelled to Switzerland in 2010 to do something she could not do at home in Vancouver: end her life under medical supervision with the counsel, comfort and assistance of her family.

Kay Carter’s daughter, Lee, brought the case before the courts in British Columbia and convinced a provincial court judge that a law making it a crime to help someone commit suicide is a violation of the Charter of Rights and Freedoms.

The decision, overturned on appeal, has snaked its way up to the Supreme Court of Canada where the controversial question of euthanasia, assisted suicide and the sanctity of human life will be revisited more than two decades after the 1993 ruling barring ALS patient Sue Rodriguez from ending her life.

The inheritors of Rodriguez’s cause were cautiously optimistic on the eve of the ruling.

“I would say it’s unlikely to be a blanket decriminalization. They’re unlikely to just strike down the laws, full stop,” said Wanda Morris, the head of Dying with Dignity Canada. “Instead, what’s likely to happen is they would give a partial exemption for certain conditions and then direct Parliament to write a law.”

The Canadian Medical Association, which lobbies on behalf of the country’s physicians, has said it is prepared to help lawmakers draft new rules if necessary, and recently adopted a policy allowing that in some cases of great suffering it may be appropriate to give in to a patient’s request to die.

But drafting and presenting new law on such a controversial issue will is fraught with danger for politicians who are already on the hunt for votes in a federal election slated for the fall.

Prime Minister Stephen Harper’s law-and-order Conservatives oppose the legalization of euthanasia and assisted suicide. The New Democratic Party and federal Liberals have not taken an official position on the matter, although the Liberals passed a motion in favour of both end-of-life options.

Full article
http://www.thestar.com/news/canada/2015 ... dians.html

[Bsuds]

I sure hope they make the right decision and let people have their choice.

[oneh2obabe]

OTTAWA — In a stunning reversal of its ruling 21 years ago, Canada’s highest court has struck down the law against assisted suicide and ordered Parliament to give desperately suffering patients greater control over how they die.

In a unanimous 9-0 ruling Friday, the Supreme Court of Canada declared the Criminal Code’s absolute ban goes too far in its attempt to protect the lives of “vulnerable people” by preventing competent, consenting adults suffering “grievous and irremediable medical conditions” from making core decisions about how they live and die.

The judges said the law is therefore an unconstitutional breach of three of the most basic rights: to life, liberty and security of the person, all enshrined in section 7 of the Charter, and cannot be justified in a free democratic society.

http://www.thestar.com/news/canada/2015 ... e-ban.html

[Bsuds]

That is Great news! Now lets hope our Lawmakers can come up with a workable solution and quickly.

[bob vernon]

An opportunity for a Federal-Provincial meeting on this issue. It involves the Criminal Code of Canada which will require amending and it must fit with each province's laws as well, because health care is under provincial jurisdiction. But, as we all know or should know, we have a Prime Minister who has never met the premiers in a group. Only individually. Steve just isn't a negotiator, he's a teller. He doesn't come to an agreement with anybody, he just tells them how it's gonna be. Can you imagine Steve having to think on the fly?

The Supreme Court says that the Feds have a year to fix this. It won't happen until after the election.

[Smurf]

I'm glad they went this way. I hope I never need to make the decision but if I ever do I want the right. My body, my decision.

[steven lloyd]

ditto that

[Tacklewasher]

So, what can be done to convince the Feds and Provinces to leave well enough alone?

My understanding is if there are no new laws made, the ruling stands and doctor assisted suicides can come under existing laws governing end-of-life care?

[maryjane48]

So, what can be done to convince the Feds and Provinces to leave well enough alone?

My understanding is if there are no new laws made, the ruling stands and doctor assisted suicides can come under existing laws governing end-of-life care?

harper dont roll day way , he the boss you must kneel and pay homage to herr harper

[gman313]

from Dan Albas:

http://www.castanet.net/edition/news-st ... htm#132763