Carter v Canada (AG), 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS").
[2] In a unanimous decision on February 6, 2015, the Court struck down the provision in the Criminal Code, thereby giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor's assistance in dying.
The Supreme Court denied a right to assisted suicide in their 1993 ruling Rodriguez v British Columbia (AG),[6] upholding the constitutionality of the prohibitions based upon a thin evidentiary record.
As a result, people who are grievously and irremediably ill cannot seek a physician's assistance in dying and may be condemned to a life of severe and intolerable suffering.
A person facing this prospect has two options: she can take her own life prematurely, often by violent or dangerous means, or she can suffer until she dies from natural causes.
[8] The Court found that the section 7 legal issues raised in the case at bar differed from those in Rodriguez, noting in particular the development of the overbreadth and gross disproportionality principles since 1993.
Interjurisdictional immunity could not prevent the federal government from enacting the legislation, since the proposed core of the provincial health powers was overly vague.
[17] In response to Carter, Conrad Black argued politicians should invoke the notwithstanding clause to send a message to the court that Parliament is supreme.
[22] After a lengthy delay, the House of Commons passed a Bill (C-14) in mid-June 2016 that would allow for doctor-assisted suicide in the case of a terminal illness.
The House of Commons did accept a few Senate amendments, such as requiring that patients be counselled about alternatives, including palliative care and barring beneficiaries from acting in the euthanasia.