A British Columbia Supreme Court judge has declared Canada's law against physician-assisted suicide unconstitutional.
Justice Lynn Smith called the law discriminatory, stating that since suicide itself is not illegal, the law against assisted suicide contravenes Section 15 of the Charter. The law, the judge said, does not guarantee equality to physically disabled people like Gloria Taylor, a B.C. woman with ALS (also known as Lou Gehrig's disease), the same rights as able-bodied people who can take their own lives. However, Smith stipulates that her ruling only apply to "competent, fully informed, non-ambivalent adult persons who personally (not through a substituted decision-maker) request physician-assisted death, are free from coercion and undue influence and are not clinically depressed." "The impact of that distinction is felt particularly acutely by persons such as Ms. Taylor, who are grievously and irremediably ill, physically disabled or soon to become so, mentally competent and who wish to have some control over their circumstances at the end of their lives," Smith writes. "The distinction is discriminatory … because it perpetuates disadvantage."
Justice Lynn Smith called the law discriminatory, stating that since suicide itself is not illegal, the law against assisted suicide contravenes Section 15 of the Charter. The law, the judge said, does not guarantee equality to physically disabled people like Gloria Taylor, a B.C. woman with ALS (also known as Lou Gehrig's disease), the same rights as able-bodied people who can take their own lives. However, Smith stipulates that her ruling only apply to "competent, fully informed, non-ambivalent adult persons who personally (not through a substituted decision-maker) request physician-assisted death, are free from coercion and undue influence and are not clinically depressed." "The impact of that distinction is felt particularly acutely by persons such as Ms. Taylor, who are grievously and irremediably ill, physically disabled or soon to become so, mentally competent and who wish to have some control over their circumstances at the end of their lives," Smith writes. "The distinction is discriminatory … because it perpetuates disadvantage."