Top court asked to hear B.C. appeal seeking faster trial on assisted dying

BC Civil Liberties Association takes case to Supreme Court of Canada

The Supreme Court of Canada is being asked to hear an appeal seeking a faster trial on the constitutionality of Canada’s law on medical assistance in dying.

The British Columbia Civil Liberties Association is asking the top court to reject the federal government’s contention that the facts on which the Supreme Court struck down the ban on assisted dying three years ago are not applicable to the new federal law.

The BCCLA lost that argument in both the B.C. Supreme Court and B.C. Court of Appeal and has now filed leave to appeal the matter to the Supreme Court of Canada.

The issue is part of a constitutional challenge launched by the association against the assisted-dying law, which allows only individuals who are already near death to get medical help to end their suffering.

The BCCLA argues that the restrictive nature of the law flies in the face of the Supreme Court’s landmark ruling, known as the Carter decision, that struck down the ban on assisted dying.

READ MORE: Mother of B.C. woman at centre of assisted-suicide case delighted with ruling

The government argues that the top court’s findings of fact in the Carter case applied only in the context of the absolute ban on physician-assisted dying that existed at the time.

Now that there is a new law, the government says those findings are no longer relevant.

The BCCLA argues that the government is effectively attempting to re-try the Carter case, which will drag out the trial, causing more suffering for individuals who are denied medically assisted dying because they are not near death.

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

VIDEO: Bloodhounds join the search for missing Chilliwack woman

Petsearchers Canada arrive in town Monday afternoon to help out

‘No little nook and cranny that’s too small’ in search for Chilliwack woman, say RCMP

Residents urged by police to assist in search for Grace Baranyk by checking property thoroughly

Search continues for missing elderly woman in Chilliwack

RCMP, Chilliwack Search and Rescue and community members combing area for Grace Baranyk

Big Chill a hot event in Langley

Flight Museum holds “ask the pilot panel” and demos flights for young pilots over the weekend

VIDEO: Hiker airlifted from Bridal Veil Falls Provincial Park Sunday

Park east of Chilliwack popular with tourist and B.C. residents who walk up to the falls

‘Bad choices make good stories’: Margaret Trudeau brings her show to Just for Laughs

Trudeau says over the decades she has been suicidal, manic, depressed

B.C. man dies from rabies after contact with Vancouver Island bat

Last known case of human rabies in B.C. was 16 years ago

Crown recommends up to two-year jail term for former Bountiful leader

Crown says sentence range should be 18 months to two years for Bountiful child removal case

B.C.-wide police efforts identify Vancouver Island robbery suspect

Warrant issued for arrest of North Vancouver man for TD Bank robbery

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

B.C. couple bring son home from Nigeria after long adoption delay

Kim and Clark Moran of Abbotsford spent almost a year waiting to finalize adoption of Ayo, 3

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Most Read