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Rodriguez redux.(assisted suicide)(Canada)
Introduction
Assisted suicide (1) has once again surfaced as an issue of public attention. Just in the past year, four cases have been in the news. (2) In addition, the results of a major study on the attitudes of cancer patients in palliative care towards euthanasia and physician-assisted suicide (3) and the results of an Ipsos Reid public opinion poll on assisted suicide were released. (4) Vigorous calls both for and against the decriminalization of assisted suicide followed. Given that it has been fifteen years since the release of the most famous assisted suicide case in Canada, (5) and given this recent spate of attention, we believe that it is worth re-engaging with the issue of the legal status of assisted suicide in Canada. Therefore, in this paper, we first describe the history and current legal status of assisted suicide in Canada. We then argue that, under new evidence and new jurisprudence only available after the Rodriguez decision was released, s.241 (b) of the Criminal Code (the prohibition on assisted suicide) is unconstitutional--violating s.7 of the Canadian Charter of Rights and Freedoms and not saved by s.1. (6) We also append an annotated draft statute that the federal Parliament could use were it to take up the challenge we issue at the end of this paper.
Where we've come from and where we are
Legislation
The first Criminal Code included prohibitions on attempted and assisted suicide. (7) In 1972, attempted suicide was removed from the Criminal Code. (8) The current section of the Criminal Code therefore now reads:
s.241 Every one who
(a) counsels a person to commit suicide, or
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- Lessons from Rodriguez v. British Columbia. (assisted suicide)
- Magazine article from: Issues in Law & Medicine Milton, Neil September 22, 1995 700+ words
...Canada's Criminal Code (hereinafter...physician-assisted suicide should be permissible...charges for assisted suicide.(16) The...Prohibition of Assisted Suicide Though it is...Canada's Criminal Code, tend to have...
- Rodriguez v. Attorney General of Canada. (prohibition of assisted suicide)
- Magazine article from: Issues in Law & Medicine Avila, Daniel March 22, 1994 700+ words
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- Assisted suicide and euthanasia: the cases are in the pipeline. (Civil Rights)
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- Magazine article from: Issues in Law & Medicine December 22, 1998 700+ words
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- Newspaper article from: Free Inquiry Lindsay, Ronald A. December 22, 1996 700+ words
...a state's blanket prohibition of assisted suicide for terminally ill patients is inconsistent...to uphold even a limited right to assisted suicide, there is a basis for cautious optimism...against recognition of a right to assisted suicide: Chief Justice William Rehnquist...
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- Press release article from: PR Newswire May 22, 2007 700+ words
...highlight the inadequacies of any assisted suicide legislation. In fact, these...again underlines the point that Assisted Suicide is as much about health-care cost as anything. "Assisted suicide proponents can spin these recent...
