Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter

  • December 10, 2015
  • Kimberly Srivastava

Last week, the Attorney General of Canada submitted a motion to the Supreme Court of Canada to extend the deadline the Court gave in the Carter v Canada (Attorney General) judgment. In Carter, the Court struck down the provisions of the Criminal Code prohibiting physician assisted suicide (to read the full decision click here (link to decision)). However, the Court suspended this judgment from taking effect, giving Parliament one year to enact legislation on this topic. The deadline is February 06, 2016. Parliament has not enacted a law as of yet and is unlikely to do so before February, hence the request to extend the deadline by six months. Bakerlaw, on behalf of its clients Canadian Association for Community Living (CACL) and Council for Canadians with Disabilities (CCD) submitted a response to the Attorney General of Canada’s request. To read the response click here (link to response).

The Response supports the extension of the deadline because CCD and CACL recognize that without sufficient safeguards in place (as discussed by the Court); the lives of vulnerable persons will be endangered. Bakerlaw’s response also mentions that the draft legislation by bakerlaw’s David Baker and health law lawyer Gilbert Sharpe is the only draft legislation that has sufficient safeguards to protect persons with disabilities and other vulnerable persons. To review the draft legislation click here (link to legislation).

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