The B.C. Civil Liberties Association has vowed to fight a high court ruling banning assisted suicide, and wants the courts to hear the case as soon as possible so those who are suffering can make a decision whether or not to take their own lives. The controversial ruling by the B.C. Court of appeal is the latest in a battle between the law and those with terminal illnesses. The ruling finds aiding and abetting suicide illegal in accordance with the Canadian Criminal Code.
Multiple sclerosis patient Elayne Shapray has filed an affidavit with the court alongside the B.C. Civil Liberties Association’s efforts to have the hearing expedited at the Supreme Court of Canada, as the Vancouver resident wants the right to die with dignity.
Shapray said in a CBC interview that she would consider taking her own life sooner than later if she has to wait a long time for the next court ruling. Under the current laws it would be illegal for her to get family members help.
The history of the “right to die” debate last lasted for decades. Twenty years ago Robert Latimer was charged with first-degree murder (later downgraded to second-degree) in the death of his severely disabled daughter, Tracy. Latimer killed his daughter intentionally by means of carbon monoxide poisoning. He called police immediately, told them what he had done and he could not bear to watch his daughter suffer through any more surgeries. The Justice in the case eventually called the act “compassionate homicide,” and in the end, Latimer served a 10-year jail sentence.
That same year, a B.C. woman took her fight to have assisted suicide decriminalized all the way to the Supreme Court of Canada. Sue Rodriguez, who was suffering from ALS disease, wanted the right to end her life. She argued that criminalizing assisted suicide violated the Canadian Charter of Rights and Freedoms. The big question Rodriguez asked was, “Who owns my life?” It was a question that resonated around the country. The final court ruling stated, “No consensus can be found in favour of the decriminalization of assisted suicide. To the extent that there is a consensus, it is that human life must be respected.”
The vote was 5 to 4 against decriminalizing assisted suicide. Ms. Rodriguez took her fate and life into her own hands. With the help of friend and an unknown doctor, she ended her life.
On June 12 of this year, the provincial government of Quebec tabled Bill 52, and if it passes it would allow doctors to administer medication to cause death. Patients could make the request based on unbearable physical or psychological suffering, need to ask for repeated consent, and have the approval of two doctors. If it passes, it would be the first legislation of its kind in Canada. In late October, Bill 52 passed its second reading in the provincial legislature with an 84 to 26 vote.
Quebec’s Bill 52 focuses on “medical aid in dying” meaning a doctor would administer the lethal dose, otherwise known as assisted suicide.
A recent survey by the Environics Institute, published in the Globe and Mail, cited that 68 per cent of Canadians are against charging those who help seriously ill people commit suicide. Despite public opinion favouring assisted suicide, the courts are tough to budge, and politicians treat this as a “hands off” issue for the most part. While it is likely no consensus will be reached in the near future, each side still works with an admirable determination to make their opinion the dominant ideology in Canadian society. Keeping a close eye on Quebec’s Bill 52 and how the Supreme Court acts in response will be a key relationship determining the state of this important issue.