Supreme Court of Canada will Hear Carter Assisted Suicide Case

Yesterday, the Supreme Court of Canada granted the application for leave to appeal in Carter v. Attorney General.



In short, Ms. Kay Carter and Ms. Gloria Taylor both suffered from intractable and progressive diseases and are now deceased. They had joined with the others in bringing a civil claim before the British Columbia Supreme Court challenging the constitutionality of the Criminal Code provisions against assisted suicide and euthanasia, (specifically, sections 14, 21(1)(b), 21(2), 22, 222(1)-222(5), and 241). They focused their case, however, on section 241, which prohibits aiding another person to commit suicide. 



Carter and Taylor succeeded at trial.  But a majority of the Court of Appeal, however, allowed the Attorney General of Canada’s appeal.



In 1993, the Supreme Court of Canada held that section 241 did not infringe on Charter rights.  Rodriguez v. British Columbia (Attorney General), [1993] 3 S.C.R. 519.  Hopefully, the Court will overrule Rodriguez.