Court grants extension to assisted death ban
• The Liberal government says it will “move quickly, with care and diligence” to craft new federal laws allowing doctor-assisted suicide following a Supreme Court of Canada decision Friday that grants lawmakers a four- month reprieve but also supports suffering Canadians who might ask to end their lives in the meantime.
The federal government had sought a six- month extension of a landmark 2015 court ruling that would otherwise have decriminalized assisted suicide as of Feb. 6, 2016.
In arguments to the court earlier this week, the government said the additional time was necessary so it could properly study the issue, consult with the provinces — which have responsibility for health care — and prepare comprehensive legislation.
The top court was unanimous in agreeing to a fourmonth extension, which means that the current law against doctor- assisted suicide will remain on the books until June. But in a split 5- 4 decision, the court also decided to grant the province of Quebec and other individuals (who receive approval from a judge to end their lives early) an exemption from the decision.
“The Government of Canada respects the court’s j udgment and r e mains committed to developing a thoughtful, compassionate, and well- informed response to the Supreme Court’s ruling,” Justice Minister Jody Wilson-Raybould said Friday in an emailed statement.
“This extension wil l provide the time to work closely with ( Health) Minister ( Jane) Philpott and officials at Health Canada, and in consultation with the provinces and territories, to move quickly, with care and diligence, to develop an approach that protects the most vulnerable among us while respecting the inherent dignity of all Canadians.”
While new legislation is being developed, individual Canadians who want to end their lives before it is ready — and who meet specific criteria for doctor- assisted death as laid out by the court in 2015 in what is known as the “Carter” decision — can seek a court order from a judge in the superior court of their province or territory, the Supreme Court says.
“In agreeing that more time is needed, we do not at the same time see any need to unfairly prolong the suffering of those who meet the clear criteria we set out in Carter. An exemption can mitigate the severe harm that may be occasioned to those adults who have a grievous, intolerable and irremediable medical condition by making a remedy available now pending Parliament’s response,” the majority of justices said.
INDIVIDUAL CANADIANS CAN SEEK A COURT ORDER.