What was said during Monday’s Supreme Court hearing on doctor-assisted death

OTTAWA – The Supreme Court of Canada held an oral hearing Monday as it considers whether to grant a government request for more time to respond to the court’s landmark ruling on doctor-assisted death.

A selection of what was said:

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“We are here today to ask for an extension of the suspension of the declaration of invalidity granted by this court and we are seeking a further six months. We acknowledge that it is an unusual request, though it is not unprecedented to ask this court to give one — and it is not unprecedented for this court to grant one.” — Robert Frater, counsel for the attorney general.

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“Our request to this court is based on protection of the public and the rule of law and ensuring there is a comprehensive scheme in place. Only in Quebec is a comprehensive scheme in place.” — Frater.

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“All provinces and territories are fully engaged on this issue and conscious of the timelines. They’re all participants, to some extent, in the provincial-territorial group that has issued a report … they are all working toward having something in place as will be necessary … everyone is doing their level best.” — Frater.

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“Why is Ontario supporting the federal government for an extension?… The reality of the situation is we do not have the Criminal Code amendments in place so that creates uncertainty in terms of what the provinces and territories can and cannot do. Those are the facts. The provinces can legislate, but due to the fact there are no Criminal Code amendments, it becomes that much harder.”— Malliha Wilson, counsel to the attorney general of Ontario.

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“We have real concerns … that the present government might seem to be almost pursuing this issue in the same way as the past government, which is not how to implement the Carter decision but whether to.” —Joseph Arvay, representing the appellants.

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“Any fear that refusing the extension is going to put the public in jeopardy is totally fanciful.” — Arvay.

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