Moreover, there are some situations brought to the public’s attention that sparked awareness towards the issue of euthanasia and assisted suicide as well as further challenge Canada's Criminal Code.
The R. v. Latimer case (1993) was an extraordinarily complicated case, commonly referred to as a "hard case" since it did not fit comfortably within the existing legal structure (Bauslaugh, 2010). On October 24, 1993, Robert Latimer killed his twelve-year-old daughter Tracy. Tracy suffered from a cerebral palsy; a muscle control disorder caused by brain damage from lack of oxygen to the brain. Tracy had the mental capacity of a four to five month old baby and had experienced multiple seizures daily since her birth. As Tracy's condition progressed, …show more content…
v. Rodrigues, was brought to the Supreme Court of Canada to challenge its laws against assisted death (Beaudoin, 2006). Rodriguez suffered from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease (Fine, 2015). She no longer felt that her life was endurable and desired for a qualified physician to end her life through technological means, at her liberty (Beaudoin, 2006). Her case argued that subsection 241 (b) of the Criminal Code, prohibiting assisted suicide, was constitutionally invalid in her case (Bauslaugh, 2013). In the end, the Supreme Court of Canada ruled 5-4 and stated that Rodriguez's submission did not violate the Canadian Charter of Rights and Freedom (Dovery, 2015). The majority of the judges believed that even though Rodriguez was in terrible pain, the idea of assisted suicide, morally and legally, may lead to abuse (Fine, 2015). The minority of judges argued that a physically able person can commit suicide, a non-criminal act, whereas a physically disabled person seeks assistance to commit the same act, yet it is a criminal act (Fine, 6). The case ignited much debate across Canada as the fact that, physically disabled people are discriminated to the fact that they do not have the ability to end their life. If assisted suicide were legal, patients who deeply desire to end their life would be acknowledged within the charter and follow the rules and regulations of the jurisdiction of Canada. In all, …show more content…
v. Carter and Taylor case, the terms were similar to the Rodriguez case. Taylor was suffering from ALS and Carter was suffering from a degenerative spinal cord condition (Shafer, A). After a series of trials, twenty-three years after the Rodriguez case, on February 6, 2015, the Supreme Court made a unanimous vote (9-0) to allow assisted suicide for "a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition" (Carter v. Canada). The court reasoned that the Criminal Code was unconstitutional because it breached section 7 of the Charter, which ensured the right of life, liberty and security of the person (Carter v. Canada). This case was an important game changer for Canada's legislation. Within twelve months of the trial, the court will be drafting new laws to create the ground rules for assisted suicide in