By Alex Schadenberg, executive director
Euthanasia Prevention Coalition
Hugh Scher
Euthanasia Prevention Coalition (EPC) legal counsel, Hugh Scher, argued the points of our intervention in the Carter case in Vancouver before Justice Smith on December 14, 2011.
The Carter case, which is being promoted by the BC Civil Liberties Association, is attempting to legalize euthanasia and assisted suicide in Canada through the court. The case started with the Carter family who were arguing that the law infringed on the rights of their mother, Kay Carter, who died by assisted suicide at the Dignitas clinic in Switzerland. The case later added Gloria Taylor, who is living with ALS.
EPC argued that prohibiting euthanasia and assisted suicide is necessary to protect all people. We argued that the reasons given by the Supreme Court of Canada, for the Rodriguez decision, are still valid today. We argued that in practice, the concept of choice or autonomy cannot be assured and do not protect people who are dependent on others and we argued that legalizing euthanasia or assisted suicide, in any form, will lead to new paths for elder abuse and abuse of vulnerable persons.
The Attorney General of Canada will be making its final submission to Justice Smith on January 13. We have no idea when Justice Smith will release her decision. We hope that she will make the correct decision by refusing to legislate from the bench and therefore not imposing euthanasia and assisted suicide upon Canada.
If Justice Smith refuses to legislate from the Bench and upholds the law, then the BC Civil Liberties Association, who represent the Carter and Taylor plaintiffs, will appeal the case to the BC Court of Appeal. If Justice Smith decides to legislate from the Bench, we will require the Attorney General of Canada to appeal the case to the BC Court of Appeal. In the end this case will be heard by the Supreme Court of Canada.
Editor’s note. This appeared on Mr. Schadenberg’s blog at http://alexschadenberg.blogspot.com/2012/01/assisted-suicide-case-in-british.html