Date: 2016-01-15 Carter v. Canada (Attorney General) - Supreme Court of Canad

SCC Cases 

 January 15, 2016                                                                                                    le 15 janvier 2016

ORDER                                                                                                                ORDONNANCE

MOTION                                                                                                                   REQUÊTE

LEE CARTER, HOLLIS JOHNSON, WILLIAM SHOICHET, BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION AND GLORIA TAYLOR v. ATTORNEY GENERAL OF CANADA – and between – LEE CARTER, HOLLIS JOHNSON, WILLIAM SHOICHET, BRITISH COLUMBIA CIVIL LIBERTIES ASSOCATION AND GLORIA TAYLOR v. ATTORNEY GENERAL OF CANADA AND ATTORNEY GENERAL OF BRITISH COLUMBIA

(B.C.) (35591)

 [1]                              The Attorney General of Canada applies for a six-month extension of the suspension of this Court’s declaration that ss. 241 (b) and 14  of the Criminal Code, R.S.C. 1985, c. C-46 , “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 suffering that is intolerable to the individual in the circumstances of his or her condition”. The declaration of invalidity of ss. 241 (b) and 14  was suspended for 12 months, until February 6, 2016. The appellants oppose the Attorney General’s application. Should an extension of the suspension be granted, the Attorney General of Quebec asks that legislation regulating end‑of‑life assistance adopted in Quebec be exempted from the suspension, to avoid uncertainty as to whether the Quebec regime conflicts with the federal prohibition preserved by any extension of the suspension. Finally, the appellants and certain interveners ask this Court to grant a constitutional exemption for individuals who wish to seek assistance in ending their life during the period of any extension......