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Carter v Canada (AG)
''Carter v Canada (AG)'' is a Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis (ALS).〔(Carter v. Canada: The Death with Dignity Case ), British Columbia Civil Liberties Association〕 In a unanimous decision, the Court struck down the provision in the Criminal Code of Canada, giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor’s help in dying. The court suspended its ruling for 12 months, with the decision taking effect in 2016, giving the government enough time to amend its laws.
== Background ==
In 1972, the Canadian government repealed the ''Criminal Code'' provision prohibiting suicide. However, 241(b) of the ''Criminal Code'' provided that everyone who aids or abets a person in committing suicide commits an indictable offence, and s. 14 stated that no person may consent to death being inflicted on them. The Supreme Court denied a right to assisted suicide in their 1993 ruling ''Rodriguez v British Columbia (AG)'',〔''Rodriguez v. British Columbia (Attorney General)'', () 3 SCR 519, online at: http://canlii.ca/t/1frz0〕 upholding the constitutionality of the prohibitions based upon a thin evidentiary record.
In April 2011, the British Columbia Civil Liberties Association (BCCLA) filed a lawsuit challenging both s. 14 and section 241(b) of Criminal Code (law that prohibits aiding a person to commit suicide), claiming they violated sections 7 (the right to "life, liberty, and security of the person) and 15(1) of the Canadian Charter of Rights and Freedoms (equality).〔
The case was heard at the Supreme Court of British Columbia, who ruled in favour of the BCCLA in June 2012. The federal government appealed the ruling to the Court of Appeal for British Columbia, who overturned the ruling in a two-to-one decision in October 2013. The BCCLA then filed a leave to appeal to the Supreme Court of Canada.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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