References: [1993] 7 WWR 641, [1993] 3 SCR 519, (1993) 24 CR (4th) 281, (1993) 82 BCLR (2d) 273, (1993) 85 CCC (3d) 15, (1993) 17 CRR (2d) 193, [1994] 2 LRC 136, (1993) 107 DLR (4th) 342
Links: Canlii
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Life, liberty and security of the person – Fundamental justice – Terminally ill patient seeking assistance to commit suicide – Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 7 of Canadian Charter of Rights and Freedoms – If so, whether infringement justifiable under s. 1 of Charter – Remedies available if Charter infringed – Criminal Code, R.S.C., 1985, c. C 46, s. 241(b).
Constitutional law – Charter of Rights – Equality rights – Discrimination on basis of physical disability – Terminally ill patient seeking assistance to commit suicide – Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 15(1) of Canadian Charter of Rights and Freedoms – If so, whether infringement justifiable under s. 1 of Charter – Remedies available if Charter infringed – Criminal Code, R.S.C., 1985, c. 46, s. 241(b).
Constitutional law – Charter of Rights – Cruel and unusual punishment – Terminally ill patient seeking assistance to commit suicide – Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 12 of Canadian Charter of Rights and Freedoms – If so, whether infringement justifiable under s. 1 of Charter – Remedies available if Charter infringed – Criminal Code, R.S.C., 1985, c. C-46, s. 241(b).
Statutes: Canadian Charter of Rights and Freedoms 7
This case is cited by:
- Cited – Purdy, Regina (on the Application of) -v- Director of Public Prosecutions and Another QBD (Bailii, [2008] EWHC 2565 (QB), Times)
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . . - Cited – Purdy, Regina (on the Application of) -v- Director of Public Prosecutions and Another Admn (Bailii, [2008] EWHC 2565 (Admin), (2008) 104 BMLR 231, [2009] HRLR 7, [2009] UKHRR 94)
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . . - Cited – Purdy, Regina (on the Application of) -v- Director of Public Prosecutions and others CA (Bailii, [2009] EWCA Civ 92, Times, [2009] 1 Cr App R 32, (2009) 159 NLJ 309, [2009] WLR (D) 62, WLRD, (2009) 106 BMLR 170, [2009] UKHRR 1005)
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . . - Cited – Nicklinson and Another, Regina (on The Application of) SC (36 BHRC 465, [2015] 1 AC 657, 139 BMLR 1, [2014] WLR(D) 298, [2014] 3 FCR 1, [2014] HRLR 17, [2014] 3 WLR 200, [2014] 3 All ER 843, (2014) 139 BMLR 1, WLRD, UKSC 2013/0235, SC, SC Summary, Bailii Summary, Bailii, [2014] UKSC 38, [2014] 3 WLR 200)
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .