Canada court scraps assisted suicide ban

Canada's highest court has struck down a ban on doctor-assisted suicide for mentally competent patients with terminal illnesses.

Linda Jarrett reads through notes at Dying with Dignity

Canada's highest court has struck down the law against assisted suicide. (AAP)

Canada's highest court has struck down the law against assisted suicide, reversing a 1993 ruling and giving parliament a year to come up with new legislation.

In a unanimous 9-0 decision, the Supreme Court ruled that the criminal code's prohibition on physician-assisted suicide is unconstitutional.

In their 83-page decision, the judges said the absolute ban goes too far by preventing competent, consenting adults suffering "grievous and irremediable medical conditions" from deciding how they die.

The judges said the law breaches three of the most basic rights enshrined in the Canadian Charter of Rights and Freedoms: life, liberty and security of the person.

"This is a historic victory for Canadians today," said Josh Patterson, executive director of the British Columbia Civil Liberties Association.

"The Supreme Court of Canada has recognised that Canadians who have a grievous disease have the right to have medical assistance to die. We are absolutely delighted with this decision."

The ruling drew scathing reactions from Canadian pro-life groups.

"This decision potentially puts people living with disabilities, the elderly and those who are terminally ill in greater risk of being abused and killed under the umbrella of 'dying with dignity,'" said Jim Hughs, president of the Campaign Life Coalition.

Justice Minister Peter MacKay said the federal government would take its time before acting on the ruling.

"This is a sensitive issue for many Canadians, with deeply held beliefs on both sides," he said.

"We will study the decision and ensure all perspectives on this difficult issue are heard."

The constitutional challenge was brought in April 2011 by the British Columbia Civil Liberties Association on behalf of two women from British Columbia - Kathleen "Kay" Carter and Gloria Taylor - both suffering from debilitating conditions and who have since died.

The court laid out several conditions for physician-assisted death:

* The decision must be made by a competent adult who would clearly consent to the termination of life.

* That person must have a "grievous and irremediable" medical condition, which includes an illness, disease or disability.

* The medical condition must cause "enduring suffering that is intolerable to the individual in the circumstances of his or her condition".

The court has given federal and provincial governments, which share jurisdiction in the matter, 12 months to craft legislation to respond to the ruling.

The ban on doctor-assisted suicide stands until then.

If the government fails to write a new law, the court's exemption for physicians will stand.

Of the 10 Canadian provinces and three territories, only Quebec has a law on physician-assisted suicide.


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Source: AAP



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