Carter v Canada (Attorney General)
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| Carter v Canada (Attorney General) | |
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| Case name | Carter v Canada (Attorney General) |
| Court | Supreme Court of Canada |
| Full name | Gloria Taylor, Kay Carter and Victoria Taylor v Attorney General of Canada |
| Citations | 2015 SCC 5 |
| Decided | 6 February 2015 |
| Judges | McLachlin CJ, Moldaver, Karakatsanis, Wagner, Gascon, Abella, Cromwell, Karakatsanis, Rothstein JJ (majority/dissent details vary) |
| Prior | Trial decision: Provincial courts; Court of Appeal decisions in British Columbia and Alberta |
| Subsequent | Parliament enacted Bill C-14; Quebec and other legislatures responded with guidance and statutes |
| Keywords | Assisted dying, physician-assisted suicide, euthanasia, Charter of Rights and Freedoms, Section 7, statutory interpretation |
Carter v Canada (Attorney General) Carter v Canada (Attorney General) is a landmark constitutional law decision by the Supreme Court of Canada that struck down parts of the Criminal Code provisions prohibiting physician-assisted death. The ruling, issued on 6 February 2015, invoked rights under the Canadian Charter of Rights and Freedoms and prompted federal and provincial legislative responses, including Bill C-14 and policy changes across Canadian health systems. The case evolved from litigation by plaintiffs including Gloria Taylor, supported by advocacy organizations such as Dying With Dignity Canada and represented against the Attorney General of Canada.
Background
The litigation originated when plaintiffs challenged Criminal Code offences including provisions introduced in the 1990s during debates involving figures such as Dr. Donald Low and decisions influenced by parliamentary committees. Plaintiffs like Gloria Taylor and Kay Carter brought civil actions in provincial superior courts, invoking precedents such as Rodriguez v British Columbia (Attorney General) and drawing on jurisprudence from the Supreme Court of Canada and comparative rulings in jurisdictions like Oregon, Switzerland, and Netherlands. Interveners included organizations such as Canadian Medical Association, BC Civil Liberties Association, Pro-Life Alliance, and provincial attorneys general for British Columbia and Quebec, reflecting contested interests among institutions including hospitals like Vancouver General Hospital and regulatory bodies such as provincial Colleges of Physicians and Surgeons.
Legal issues
Central legal questions raised the interpretation of Section 7 of the Canadian Charter of Rights and Freedoms regarding life, liberty, and security of the person, and the standards for reasonable limits under Section 1. The Court considered whether prohibitions against assistance in dying violated Charter rights of individuals suffering intolerable physical pain or terminal conditions, referencing precedent decisions such as R v Morgentaler and standards of overbreadth and gross disproportionality articulated in cases like R v Oakes. Additional issues involved fairness and procedural protections requiring safeguards, drawing comparisons with statutory frameworks in jurisdictions like Belgium and guidance from medical associations including the World Medical Association and professional codes maintained by provincial Colleges.
Supreme Court decision
A unanimous panel of the Supreme Court of Canada held that the blanket prohibition on physician-assisted dying unjustifiably infringed Section 7 rights where competent adults suffering intolerable physical or psychological suffering from grievous and irremediable medical conditions sought assisted death. The Court applied principles from constitutional law cases including Carter v Canada references to Rodriguez v British Columbia (Attorney General) and adopted a remedy that suspended declaration of invalidity for 12 months to allow Parliament and legislatures such as Quebec to craft regulatory regimes. The judgment engaged with evidentiary records, expert testimony from clinicians and ethicists affiliated with institutions like University of British Columbia and McGill University, and considered safeguards modeled on statutes from Oregon and rulings from courts in European Court of Human Rights jurisdictions.
Legislative and policy response
In response to the suspended declaration, the Parliament of Canada drafted Bill C-14, which established criteria and procedural safeguards for medical assistance in dying and was debated in the House of Commons and Senate. Provincial governments including British Columbia, Ontario, and Quebec developed clinical guidance, regulatory policies by Colleges of Physicians and Surgeons, and health authority protocols for hospitals such as Sunnybrook Health Sciences Centre. The legislative framework grappled with elements addressed by the Court: eligibility criteria, consent processes, and oversight mechanisms involving provincial courts and review by offices like the Office of the Chief Coroner in various provinces. Advocacy and opposition groups, including Dying With Dignity Canada and faith-based organizations such as Canadian Conference of Catholic Bishops, engaged in public consultations and legal challenges to refinements of the statute.
Impact and significance
The decision reshaped Canadian constitutional law by refining Section 7 jurisprudence and influencing subsequent cases dealing with personal autonomy and end-of-life rights at the intersection of law, medicine, and ethics. It catalyzed legislative reforms across federal and provincial institutions, influenced medical practice standards issued by regulatory Colleges, and prompted comparative law analysis with systems in United States states like Oregon and Washington (state), and European nations including Belgium and Netherlands. The ruling continues to inform academic scholarship at universities such as University of Toronto and policy work by think tanks like the Institute for Research on Public Policy, and remains central to debates involving professional associations and courts, including ongoing litigation and interpretation by provincial appellate courts and the Supreme Court of Canada on related issues.