The Canadian Supreme Court has declared that a ban on physician-assisted suicide is unconstitutional and infringes human rights. The Court held that physician-assisted dying must be made available to competent adults with incurable diseases which cause intolerable suffering, whether or not their illnesses are terminal. The Parliament must legislate for this within 12 months.
Under the Canadian Criminal Code it is an indictable offence to aid or abet a person in committing suicide and no person can consent to death being inflicted upon them. These provisions constitute Canada’s prohibition on assisted suicide. The Court found unanimously that this prohibition against physician-assisted dying violates the rights of competent adults who are suffering intolerably as a result of a grievous and irremediable medical conditions and this infringement is not justified in a free and democratic society. The ban infringes on all three of the life, liberty and security provisions in Section 7 of the Canadian Charter of Rights and Freedoms.
The Court heard evidence from scientists, medical practitioners and others familiar with end-of-life decision-making and found that the evidence does not support the contention that a blanket prohibition is necessary in order to substantially meet the government’s objective of protecting vulnerable people. The Court insisted that “a permissive regime with properly designed and administered safeguards was capable of protecting vulnerable people from abuse and error. While there are risks, to be sure, a carefully designed and managed system is capable of adequately addressing them.”
It was also contended that the prohibition deprives adults who are physically disabled of their right to equal treatment under s.15 of the Charter. However, having found violations under s. 7 the Court did not find it necessary to examine this argument.
The Court indicated that the choice to opt for physician-assisted death should be open to competent, clearly consenting adults, who have a grievous and irremediable medical condition (including an illness, disease, or disability) that causes enduring suffering that is intolerable to the individual. This choice would not be restricted to only terminal illnesses.
The Court made a suspended declaration of invalidity against the relevant provisions of the Criminal Code, giving the Parliament 12 months to amend the Criminal Code and to craft an appropriate remedy which reflects the constitutional principles of this judgment.
Click here to read the full judgment of Carter v Canada (Attorney General) [2015] SCC 5