Laws on Assisted Suicide

Suicide is not a crime in Canada and hasn't been since 1972, but physician-assisted suicide is illegal.

The Criminal Code of Canada states in section 241(b) that

“Everyone who ….(b) aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding fourteen years”

However, on Friday, June 15, 2012, the Supreme Court of British Columbia refuted these sections on constitutional grounds as they apply to disabled patients’ capability of giving consent: "the impugned provisions unjustifiably infringe s. 7 [and s. 15 ] of the Charter and are of no force and effect to the extent that they prohibit physician-assisted suicide by a medical practitioner in the context of a physician-patient relationship". Furthermore, the court found that the relevant sections were legislatively too general, had a inconsistent effect on people with disabilities and were "grossly disproportionate to the objectives it is meant to accomplish."

The Minister of Justice and Attorney General has appealed the previous decision regarding the laws that prohibit and punish euthanasia and assisted suicide are constitutionally valid and exist to protect all Canadians, "including those who are most vulnerable, such as people who are sick or elderly or people with disabilities." He also added: "The Supreme Court of Canada acknowledged the state interest in protecting human life and upheld the constitutionality of the existing legislation in Rodriguez (1993). In April 2010, a large majority of Parliamentarians voted not to change these laws, which is an expression of “democratic will” on this topic.                                                                      

                           

References

1. Darryl, Greer (Monday, June 18, 2012). "B.C. Supreme Court Kills Assisted-Suicide Ban". Courthouse News Service. Retrieved 6 July 2012.

2. http://www.justice.gc.ca/eng/news-nouv/nr-cp/2012/doc_32769.html

3. Kluge, Eike-Henner W. (2000), "“Assisted Suicide, Ethics and the Law: The Implication of Autonomy and Respect for Persons, Equality and Justice, and Beneficence.”", in Prado, C.G., Assisted Suicide: Canadian Perspectives, Ottawa, Canada: University of Ottawa Press, p. 84

4. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96h02_e.htm