Cuthbertson v. Rasouli - Welcome Appellate Court Guidance

Tomorrow, the Supreme Court of Canada will issue its decision in Cuthbertson v. Rasouli.  



I will be commenting on the decision over the next few weeks.  But apart from the merits of the medical futility dispute, I want to commend the court for even taking and deciding the case.



Too often, appellate courts have been ducking their duties to decide these sorts of disputes on grounds of mootness.  For example, recall the U.S. case of Betancourt v. Trinitas Hospital.  More recently, the Wisconsin Supreme Court avoided deciding an end-of-life treatment issue involving the mature minor doctrine.  



In the lower courts, the Rasouli case had been framed as one in which treatment was in appropriate, because he was in a persistent vegetative case.  But even after Rasouli was re-diagnosed as being in a minimally conscious state, the Supreme Court refused to dismiss the case.



We need guidance in this area.  End-of-life issues are too politically hot for legislatures.  Appellate courts must fill the policy void.