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

20-bed emergency shelter to open in Hope in October

Supportive housing also planned for two lots on Old Hope Princeton Way, adjacent to the shelter

Fraser River First Nations say they aren’t getting their share of sockeye

Shortage is a result of decisions made by DFO, not a shortage of sockeye, complaint says

PHOTOS: Japanese-Canadians who built Highway 3 forever remembered with Mile 9 sign

A lesser-known part of B.C. history is the 1,700 Japanese-Canadian men who built highways in WWII

Hope arm-wrestler turned track and field star wins five medals at 55+ Games

Seven medals total coming back to Hope from golf and track and field events

Hope daycare and preschool project delayed past ‘aggressive ’ September start-date

12 families are waiting for Swetexl, a collaboration between faith, First Nations and education organizations, to open

Video: Flyers new mascot ‘Gritty’ a bearded, googly-eyed terror

The Philadelphia Flyers unveiled their new mascot Monday, and as one would expect of the team that gave us the “Broad Street Bullies,” he’s far from cuddly.

Edmonton cannabis company revenues more than triples to $19.1 million

Aurora Cannabis revenues more than triple in fourth quarter

B.C. pharmacist suspended for giving drugs with human placenta

RCMP had samples of the seized substances tested by Health Canada

Seattle one step closer to NHL after arena plan approved

Seattle City Council unanimously approved plans for a privately funded $700 million renovation of KeyArena

Harvest Moon to light up B.C. skies with an ‘autumn hue’

It’s the first moon after the autumn equinox

Hockey league gets $1.4M for assistance program after Humboldt Broncos crash

Program will help players, families, coaches and volunteers after the shock of the deadly crash

Canada has removed six out of 900 asylum seekers already facing U.S. deportation

Ottawa had said the ‘overwhelming majority’ had been removed

Appeal pipeline decision but consult Indigenous communities, Scheer says

The federal appeals court halted the Trans Mountain expansion last month

Most Read