Assisted death in Canada has expanded rapidly and widely since the first version of this practice became legal in 2016. In 2021 alone, more than 10,000…
that it is unconstitutional to exclude mental illness as a sole basis for receiving assisted death.
For instance: does the Charter of Rights and Freedoms require the government to provide assisted death to persons suffering solely from mental illness? Does Parliament have no constitutional leeway to restrict assisted death in this context, based on careful assessment of complex medical, social, and human rights concerns?
As for whether the Constitution guarantees assisted death when death is not reasonably foreseeable, Carter is, in our view, less than crystal clear. This may explain why Parliament, in responding to Carter, legislated the first version of assisted death in a form that restricted it to patients whose death is approaching. Constitutional clarity is needed on this front too.
how this situation might endanger the lives of Canadians and thereby violate their fundamental rights.Article content
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