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

VIDEO: Magic of Christmas draws more participants, bigger turnout

Annual event was projected to attract more than 5,000

Aldergrove Rotary Club adds its annual twinkle to downtown

Its a yearly tradition for club members to oversee the Christmassy light fixtures going up

VIDEO: A special breakfast with Santa for special kids sells out in Langley

For the first time, there was a waiting list for the ‘inclusive’ event

VIDEO: First major gymnastics meet of the season continues at Langley Events Centre

Event hosted by Langley Gymnastics Foundation (LGF) draws 300 athletes from around B.C.

Vancouver Giants fall to Spokane Chiefs

‘We are just having a tough time scoring right now’

VIDEO: SNL skewers Trudeau’s mockery of Trump in high school cafeteria sketch

The three world leaders won’t let Trump sit at the cool kids’ table

B.C. VIEWS: An engine that hums right along

First Nations are leading a new surge of investment in B.C.

Brain injury from domestic abuse a ‘public health crisis,’ says B.C. researcher

Nearly 80% of the domestic violence victims who reported to police last year were woman

Campbell River mom’s iPhone containing priceless photos stolen from Victoria hospital parkade

The phone contained photos, heartbeat recordings of her late son

Miller nets winner as Canucks edge Sabres 6-5 in OT

Roussel, Leivo tally two apiece for Vancouver

‘Norovirus-like’ outbreak interrupts Bantam hockey showcase in Greater Victoria

Several athletes were sent home, quarantined on the ferry

Strong turnout of volunteers to search for missing senior

Ted Vanderveen disappeared in rural Maple Ridge on Nov. 28

$578: that’s how much your first distracted driving ticket will cost with recent premium hikes

Over 50 per cent of Canadians admitted to using phone while driving last year, according to study

SkyTrain strike to begin Tuesday with ‘full shutdown’, CUPE says

BCRTC president says job action is ‘completely unacceptable’ to use SkyTrain users ‘as leverage’

Most Read