http://www.rawstory.com/rs/2012/06/15/canadian-judge-strikes-down-ban-on-
physician-assisted-suicide/?
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Canadian judge strikes down ban on physician-assisted suicide
By Agence France-Presse
Friday, June 15, 2012 19:07 EDT
MONTREAL — The Supreme Court of British Columbia on Friday said a ban
against physician-assisted suicides was unconstitutional.
The ruling related to the case of a 64-year-old woman named Gloria Taylor
who suffers from Lou Gehrig’s disease, and was one of five plaintiffs
seeking to overturn legislation that prohibits doctor-assisted suicides.
Lou Gehrig’s disease, or amyotrophic lateral sclerosism, is a devastating
neurodegenerative disorder that progressively robs patients of control
over their bodies.
In a 395-page ruling, Judge Lynn Smith said that provisions of the
Criminal Code that prohibit physician-assisted death were invalid and
discriminatory, and “unjustifiably infringe the equality rights” of the
plaintiffs in the case.
The ruling was suspended for one year, Justice Smith indicated, giving
parliament 12 months to draft and consider the legislation. But the judge
granted an exemption to Taylor that allows her to proceed with physician-
assisted death, under certain conditions.
“The impact of that distinction is felt particularly acutely by persons
such as Ms. Taylor, who are grievously and irremediably ill, physically
disabled or soon to become so, mentally competent and who wish to have
some control over their circumstances at the end of their lives,” Smith
wrote.
Smith stipulated that her ruling would only apply to “competent, fully
informed, non-ambivalent adult persons who personally (not through a
substituted decision-maker) request physician-assisted death, are free
from coercion and undue influence and are not clinically depressed.”
The Euthanasia Prevention Coalition qualified the decision as “naive” and
vowed to appeal the ruling.
Photo of Victoria, capital of British Columbia, by Brandon Godfrey [CC-BY-
SA-2.0 (
http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia
Commons
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