Rodriguez v. BC (Attorney General) 1993 THE RIGHT TO DIE

Charter - Section 7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Rodriguez claimed the right to life also included the right to death in a humane way.

Charter - Section 12 Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Rodriguez was about to be forced to endure a very slow and painful death

Charter – Section 15 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Rodriguez was being discriminated against due to her physical disability

SECTION 241b of the Criminal Code Counselling or aiding suicide 241. Every one who (a) counsels a person to commit suicide, or (b) aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

CASE SUMMARY Sue Rodriguez was diagnosed with ALS at the age of 42. She would lose the ability to swallow, speak, walk and move her body without assistance. She would then lose the capacity to breathe without a respirator, to eat and would eventually become confined to a bed. Her life expectancy was between 2 and 14 months. Rodriguez didn’t want to die, but once in the final stages of the disease, wanted to have a doctor assist her with suicide. If a doctor assisted her with her suicide they would be liable for murder.

What is Lou Gehrig’s Disease (ALS) Lou Gehrig's disease is a disorder that's also called amyotrophic lateral sclerosis (ah-my-uh-tro-fik), or ALS. Amyotrophic means that the muscles have lost their nourishment. When this happens, they become smaller and weaker. Lateral means that the disease affects the sides of the spinal cord, where the nerves that nourish the muscles are located; and sclerosis means that the diseased part of the spinal cord develops hardened or scarred tissue in place of healthy nerves.

Current video – What is ALS really? http://www.bing.com/videos/search?q=ALS+Disease&Form=VQFRVP#view=detail&mid=25CB4B5EA1E0EDEC8F3725CB4B5EA1E0EDEC8F37 (play until 2:30)

1st Court Battle Rodriguez applied to the Supreme Court of B.C. for an order that s. 241(b) of the Criminal Code, be declared invalid on the ground that it violates her rights under ss. 7, 12 and 15(1) of the Charter She stated it stops a terminally ill person from committing "physician-assisted" suicide. The court dismissed the case

2nd Court Battle The B.C Court of Appeal also dismissed Rodriguez’s claim. http://archives.cbc.ca/politics/rights_freedoms/clips/6397/

Supreme Court Battle September 1993 The Supreme Court ruled against legalizing assisted suicide due to the potential risks of setting such a dangerous precedent (who decides, when is it done, who can do it, etc.)

Result http://archives.cbc.ca/politics/rights_freedoms/clips/6410/ Sue Rodriguez died on February 12, 1994 with the assistance of an unknown doctor.

Updated Related Cases http://www.ctvnews.ca/health/canadians-divided-on-keeping-doctor-assisted-suicide-ban-report-finds-1.1861336 (1:00-4:30)

More Legal Battles Carter et. al v. the Attorney General for Canada Representing several clients, including Gloria Taylor (had ALS), who are fighting for the right to die with a doctor’s assistance. July 4, 2014, the Supreme Court ruled that Taylor could have a doctor assisted suicide…and did.

Steven Fletcher Current Conservative MP who was fighting his own party by presenting a private member’s bill this season on legalizing doctor assisted suicide http://www.bing.com/videos/search?q=steven+fletcher+mp+right+to+die&FORM=HDRSC3#view=detail&mid=F934A9A9ACE5C7E4755CF934A9A9ACE5C7E4755C

Quebec Quebec, on June 5, 2014 passed Right to Die legislation. The Federal government has challenged this legislation and it is set to be in front of the Supreme Court in October 2014.

NEW PRECEDENT On Feb. 6, 2015, the Supreme Court of Canada sent a powerful message heard around the world. In a unanimous decision, the justices of the high court struck down the federal prohibition on physician-assisted dying, arguing that the old law violates the Canadian Charter of Rights and Freedoms.

Morality and Law The decision, which reflects the cherished Canadian values of compassion and individual freedom, has already started to reshape the way we think about death and dying. Hand out article on Bill C-14

Do you think that doctor assisted suicide should be legal in Canada? Discussion Question Do you think that doctor assisted suicide should be legal in Canada?