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

Council briefs: Moby Dick owner publicly speaks to Prince Rupert council about her goats

Council heard arguments supporting municipal voting for permanent residents

Researchers to flush Skeena with bright dyes for spill-response study

Kitsumkalum leading effort as rail transport of hazardous materials on the rise

UPDATE: Fate of last house standing from Third Ave. fire in hands of insurance

The second home, located at 941 Third Ave., was demolished due to safety concerns

Tahltan reach benefits agreement over Seabridge’s massive KSM gold mine project

$308M agreement provides additional billions for Tahltan jobs, contracts

PHOTO GALLERY AND STORY: Spectrum City Dance “cell”ebrates another successful season

“Cindy’s Cell” a comment on technology in the digital age through dance

Prince Rupert sea cadets voyage into a new chapter at their Annual Ceremonial Review

Mayor Lee Brain acted as review officer at the Royal Canadian Sea Cadet Corp 7 Captain Cook ACR

‘Text neck’ causing bone spurs to grow from millennials’ skulls, researchers say

Technology use from early childhood causing abnormal bone growths in 41 per cent of young adults

B.C. teen killed by fallen tree on field trip remembered as hero

13-year-old Tai Caverhill was the first to spot the tree falling and warned his friends

Surrey RCMP raises Pride flag amid din of protesters

There were about 30 protesters on either side, and 20 Mounties doing crowd control

Should B.C. get rid of Daylight Saving Time?

The province wants to know, as state governments down south make the move

Air Canada reviewing how crew left sleeping passenger on parked plane

In a Facebook post, the woman said she woke up ‘all alone’ on a ‘cold dark’ aircraft

Canadians crash out of Women’s World Cup in 0-1 loss to Sweden

Canada missed a chance to tie the game on a penalty shot

Four-year-old boy assaulted at B.C. soccer game

It happened at a weekend tournament in Ashcroft

Two bear cubs saved near Revelstoke after mother hit by car

Conservation officers trapped the cubs and transported them to a wildlife sanctuary

Most Read