Rodriguez Redux

Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG), the Supreme Court of Canada upheld the very same provision as constitutional. The B.C. Supreme Court, distinguishing Rodriguez, allowed Carter's application, striking down the provision. The B.C. Court of Appeal allowed the government's appeal, holding that the provision was constitutional. Now, the Supreme Court will have the final word.

The issue capturing headlines has been whether or not physician-assisted suicide should be made available to the terminally ill as an "alternative to the difficult passage projected by their doctors." Indeed, it was this issue that the trial judge explored in considerable depth before concluding that the criminal prohibition violated sections 7 (life, liberty and security of the person) and 15 (equality) of the