Carter v Canada (AG)

Carter v Canada (Attorney General)
Hearing: October 15, 2014
Judgment: February 6, 2015
Citations2015 SCC 5, [2015] 1 SCR 331
Docket No.S112688
Prior historyOn appeal from the Court of Appeal for British Columbia
RulingAppeal allowed
Holding
Criminal prohibition of assisted suicide violates the Charter.
Court membership
Chief Justice: Beverley McLachlin
Puisne Justices: Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon
Reasons given
Unanimous reasons byThe Court
Laws applied
Canadian Charter of Rights and Freedoms, s 7
Criminal Code, ss 14, 241(b)

Carter v Canada (AG), 2015 SCC 5, is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS"). In a unanimous decision on February 6, 2015, the Court struck down the provision in the Criminal Code, thereby giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor's assistance in dying. This ruling overturned the Supreme Court's 1993 ruling in Rodriguez v British Columbia (AG), which had denied a right to assisted suicide.

The court suspended its ruling for 12 months, with the decision taking effect in 2016, to give the federal government enough time to amend its laws. In January 2016, the court granted an additional four-month extension to its ruling suspension to allow time for the newly elected federal Liberal government to consult with Canadians on drafting a law to comply with the ruling. As an interim measure, it also ruled that provincial courts could approve applications for euthanasia until the new law passed.