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OTTAWA – The Supreme Court of Canada has agreed to give the federal government an extra four months to produce a law dealing with assisted dying. The court, however, exempted Quebec, which has its own law on physician-assisted death, from the extension. It also said people in intolerable circumstances who wish to end their lives during the four months may go to court to seek individual exemptions.
Some of what was said Friday in and about the decision:
“To suspend a declaration of the constitutional invalidity of a law is an extraordinary step, since its effect is to maintain an unconstitutional law in breach of the constitutional rights of members of Canadian society. To extend such a suspension is even more problematic. The appellants point to the severe harm caused to individuals by the extension. Extraordinary circumstances must be shown.” — From the majority ruling by Justices Rosalie Abella, Andromache Karakatsanis, Richard Wagner, Clement Gascon and Suzanne Cote.
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“We do not underestimate the agony of those who continue to be denied access to the help that they need to end their suffering. That should be clear from the court’s reasons for judgment on the merits. However, neither do we underestimate the complexity of the issues that surround the fundamental question of when it should be lawful to commit acts that would otherwise constitute criminal conduct.” — From the partial dissent by Chief Justice Beverley McLachlin and Justices Thomas Cromwell, Michael Moldaver and Russell Brown.
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“We are disappointed that Canadians facing terrible diagnoses may have to wait even longer to realize their right to die in peace and dignity. Our hearts go out to the patients and families who will be harmed by this decision.” — Wanda Morris, CEO of Dying with Dignity Canada.
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“They were in an impossible position … I think they were truly on the horns of a dilemma and so they have given some comfort to those who want the time for the legislative framework to be developed more slowly but they also, and very … importantly, have given access to individuals through the constitutional exemption.” —Jocelyn Downie, professor of law, Dalhousie University.
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“In terms of the personal exemptions, what the court determined was that those individuals should be able to make personal applications to a court to make their right a reality.” — Grace Pastine, litigation director for B.C. Civil Liberties Association.
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“This is all about choice. This isn’t just for me, but about all people who are suffering and want to be able to have control over their own lives and say, ‘Enough is enough. I want out.’” — Elayne Shapray of Vancouver, a wheelchair-bound patient suffering from multiple sclerosis who wants the choice of how and when to end her life.
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