Newspaper article The Canadian Press

Right to Life Not a Duty to Live, Supreme Court Rules on Assisted Suicide

Newspaper article The Canadian Press

Right to Life Not a Duty to Live, Supreme Court Rules on Assisted Suicide

Article excerpt

Top court opens door to doctor-assisted death

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OTTAWA - The Supreme Court of Canada shifted the goalposts Friday on one of the most fundamental of human laws.

In a charter precedent that will go down in the history books as Carter vs. Canada, the court unanimously struck down the ban on providing a doctor-assisted death to mentally competent but suffering and "irremediable" patients.

The emphatic, unanimous ruling prompted tears of joy and frustration on both sides of the debate, reverberated through provincial health ministries and doctor's offices across Canada, and left skittish federal parliamentarians groping for time to digest the implications.

"The prohibition on physician-assisted dying infringes on the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice," the nine justices flatly asserted.

The judgment -- left unsigned to reflect the unanimous institutional weight of the court -- gives Parliament a year to draft new legislation that recognizes the right of clearly consenting adults who are enduring intolerable physical or mental suffering to seek medical help in ending their lives.

It does not limit physician-assisted death to those suffering a terminal illness.

And to put an exclamation mark on the ruling, the court awarded special costs against the government of Canada for the entire five-year course of the litigation, less 10 per cent to be paid by the government of British Columbia.

The court suspended its judgment for 12 months, during which the current law continues to apply, placing enormous pressure on Parliament to act in what is an election year.

At least six reform bills on right-to-die issues have been defeated over the past two decades and the Conservative government of Stephen Harper insisted last fall that it would not support changing the status quo.

The political toxicity of the issue was immediately apparent Friday: Not a single MP asked the government a question about the decision during question period, despite the presence of Justice Minister Peter MacKay in the House.

"This is a sensitive issue for many Canadians, with deeply held beliefs on both sides," MacKay said in a subsequent release.

"We will study the decision and ensure all perspectives on this difficult issue are heard."

For the families of Gloria Taylor and Kay Carter, two now-deceased women who originally sought a B.C. court's help to end their suffering, it was an unqualified victory.

Lee Carter, who accompanied her 89-year-old mother to Switzerland to legally end a life ravaged by debilitating disease, raised a bouquet of flowers to the heavens in the Supreme Court lobby as she tearfully recalled her mother's legacy.

"Justice, dignity and compassion were the defining qualities of my mother," Carter, flanked by her family, told a crush of reporters. …

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