Canada's Absolute Criminal Prohibition On Physician Assisted Death Is Unconstitutional

Carter v. Canada (Attorney General), 2015 SCC 5

The Supreme Court of Canada has pronounced its long-awaited judgment in the Carter proceedings that tested the constitutionality of Canada's absolute criminal prohibition on physician assisted death. The Court held that section 241(b) and section 14 of the Criminal Code unjustifiably infringe section 7 of the Charter and are of no force or effect to the extent that they prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease, or disability) that causes enduring physical or psychological suffering that is intolerable to the individual in the circumstances of his or her condition. The declaration of invalidity has been suspended for 12 months to permit Parliament to consider any legislative response. During those 12 months the status quo will continue to prevail.