Assisted Dying Legislation Delayed, But Not Without Exemptions!

October 4, 2016

Share Post

*Content posted to the blog represents the views of the author only and not those of Health Law in Canada, its Board members or affiliates or IHPME*

stethoscope with pen and appointment scheduleLast February, in deciding Carter v. Canada (Attorney General), the Supreme Court of Canada unanimously declared ss. 241(b) and 14 of the Criminal Code to be of “no force or effect” thereby eliminating the prohibition against physician-assisted death for competent and consenting adults who suffer from an intolerable medical condition. In short, assisted death-in a narrow context-is no longer considered an indictable offence. In rendering its decision the Court suspended this declaration for one year (until February 6, 2016), to allow Parliament time to pass new legislation. Earlier this month, the Attorney General of Canada applied to the Court for a six-month extension of time to draft this legislation. Last week, in a 5/4 ruling (with Chief Justice McLaughlin dissenting), the Court granted the application.

The Court extended the suspension of its declaration for four-months, rather than the requested six. The majority decision stressed the “extraordinary step” the Court had taken last year in suspending the declaration of the constitutional invalidity of a law; which, in effect, allowed the continued presence of an unconstitutional law to govern Canadians. The effects of such an extraordinary step, the Court emphasized, would be further exacerbated by an extension of such a suspension. Despite this acknowledgement, the Court ruled a four-month extension of the suspension was justified given the four-month interruption during last year’s federal election from August 2015 – December 2015.

The extension granted is not all-encompassing as the Court did carve out some exemptions. Quebec was granted an exemption given the fact that they have already passed their own Act respecting end-of-life care. The Court was also asked to consider exempting individuals who wish to seek assistance in ending their life during the four-month extension. The Court agreed with this exemption, stating: “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.” Personal exemptions; however, will require attending before the Superior Court of the Province and receiving authorization—not an easy threshold to pass in order to exercise the right already granted by Carter.

Once the law comes into effect, any Canadian facing “a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition” may pursue a physician-assisted death. Parliament has until June 6, 2016 to implement new legislation which will reflect the decision in Carter.

Sana Ebrahimi, Associate Editor

Related News

A grayscale image of a person with long hair, wearing a light-colored blouse and a patterned skirt. The background is blue-toned and appears to be an outdoor urban setting with buildings and signs, partially blurred. There are colorful geometric shapes in the corners of the image: purple and cyan in the top left, yellow and green in the bottom right.

From Evidence to Impact: IHPME-led Research Shines Light on Benefits of Safer Opioid Supply

July 10, 2025

Faculty / Research

Read More
The research team that have received funding to study brain aging and dementia prevention. Dr. Husam Abdel-Qadir, Principal Investigator Kuan Liu, Dr. Geoffrey M. Anderson, and Renzo Jose Carlos Calderon Anyosa.

IHPME Researchers Receive CIHR Grant to Advance Dementia Prevention

July 2, 2025

Faculty / Research

Read More
Clara Ho delivering a speech on equity-driven healthcare leadership at the 2025 CCHL National Conference, standing at a podium with a projected image behind her.

Impact From Within: Clara Ho’s Journey from MHSc to Systemic Change

June 24, 2025

Awards / Students

Read More
A man in a black suit jacket and light-colored shirt stands in front of a blurred building background. The image has colored bars in the corners: blue and purple in the top left, and orange and green in the bottom right.

IHPME Faculty Presented With Insulin Banting Award for Redefining Diabetes Care

June 20, 2025

Faculty / Research

Read More

IHPME Students Recognized as 2025-26 CGS Doctoral Scholars

June 19, 2025

Research / Students

Read More
Black and white photograph of two individuals. The person on the left is wearing a blazer over a dark shirt, and the person on the right has long wavy hair and is wearing a light-colored top. The background is blue with abstract shapes in purple, green, orange, and blue at the corners.

Empowering Future Leaders in Health: Meet the 2025–26 C. David Naylor Fellows

June 9, 2025

Students

Read More

Sign up for IHPME Connect.

Keep up to date with IHPME’s News & Research, Events & Program, Recognition, e-newsletter.

Subscribe to Connect Newsletter

Get in Contact


Communications

Marielle Boutin
Email Address: ihpme.communications@​utoronto.ca

Manages all IHPME-wide communications and marketing initiatives, including events and announcements.