Carter v. Canada
Case Brief

I. Case Name

Carter v. Canada (Attorney General)

II. Court

Supreme Court of Canada

III. Citation

[2015] 1 S.C.R. 331

IV. Parties

• Appellant: Lee Carter, Hollis Johnson, Gloria Taylor (deceased)

• Respondent: Attorney General of Canada, Attorney General of British Columbia

V. Facts

• Gloria Taylor, Lee Carter, and Hollis Johnson suffered from grievous and irremediable medical conditions.

• They sought assistance in dying but were unable to do so due to the criminalization of assisted suicide under Canadian law.

• Gloria Taylor, in particular, was diagnosed with amyotrophic lateral sclerosis (ALS) and expressed her wish to seek physician-assisted death.

• The appellants challenged the constitutionality of the provisions in the Criminal Code that prohibited assisted suicide.

VI. Issues

1. Whether the Criminal Code provisions prohibiting assisted suicide violate sections 7 and 15 of the Canadian Charter of Rights and Freedoms.

2. If so, whether such violations are justifiable under section 1 of the Charter.

VII. Holding

The Supreme Court of Canada unanimously held that the provisions of the Criminal Code that prohibit physician-assisted death violate section 7 of the Charter and are not justifiable under section 1.

VIII. Reasoning

• The Court recognized that the prohibition on assisted suicide infringes on the rights to life, liberty, and security of the person guaranteed under section 7 of the Charter.

• The prohibition also disproportionately impacts individuals like Gloria Taylor, Lee Carter, and Hollis Johnson, who are suffering from grievous and irremediable medical conditions, thus violating section 15 of the Charter, which guarantees equality rights.

• The Court found that the blanket prohibition on assisted suicide is not justified under section 1 of the Charter because it fails to meet the proportionality test.

• The prohibition was deemed overbroad, as it captured individuals who are competent adults suffering intolerably and irremediably.

IX. Outcome

• The Court declared the provisions of the Criminal Code that prohibit physician-assisted death invalid and granted a constitutional exemption to Gloria Taylor, Lee Carter, and Hollis Johnson.

• The declaration of invalidity was suspended for 12 months to allow Parliament to draft new legislation consistent with the Charter.

X. Impact

The decision in Carter v. Canada led to significant legal and social changes in Canada regarding end-of-life care. It prompted legislative reform, leading to the enactment of the Medical Assistance in Dying (MAID) legislation in Canada, which provides a framework for assisted dying under certain conditions.

The case sparked debates and discussions globally about the rights of individuals to choose the circumstances of their death and the role of the state in regulating end-of-life decisions.

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