The Right to Die in Canadian Legislation, Case Law and Legal Doctrine

• Main Author: Plachta, Michael
• Language: English
• Published: 1994
• Subjects: Constitutional Law; Health; Health Care; Law; Legislation; Living Wills; Right to Die; Rights; Wills; Prolongation of Life and Euthanasia; Living Wills / Advance Directives; British Columbia; Canada; Rodriguez; Newfoundland
• Online Access: http://hdl.handle.net/10822/870599; http://worldcatlibraries.org/registry/gateway?version=1.0&url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&atitle=The+Right+to+Die+in+Canadian+Legislation,+Case+Law+and+Legal+Doctrine&title=Medicine+and+Law+&volume=13&issue=7+8&spage=639-680&date=1994&au=Plachta,+Michael

This article discusses moral, social, medical and legal problems pertaining to the so-called `right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hotel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.