Thanks to four brave women, medical-assisted suicide is now legal in Canada.
For over a century, Canada’s Criminal Code has been revered like the Bible, clarifying every criminal offense and the corresponding prison terms in its dense, dictionary-like pages.
However, a few decades ago, the Code contained an offense without a specified sentence – the crime of suicide.
It wasn’t until 1972 that the Canadian government abolished the criminalization of suicide but retained s.241(1)(b), which stated: Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, whether suicide ensues or not, aids a person to die by suicide.
This meant that medical-assisted suicide was still illegal. Not only was it illegal for doctors and nurses to assist, but even if a family member took you to Switzerland (a famous hub for medical-assisted suicide), they would face imprisonment upon returning to Canada for aiding in suicide.
The 1990s brought the first turning point. Sue Rodriguez, a 41-year-old woman diagnosed with ALS in 1991, was told she had about three years to live. This brave woman, wanting to die with dignity once her body became immobile, became an activist for legalizing medical-assisted suicide.
Changing s.241(1)(b) could make it work, but altering the Criminal Code in a few years was no easy feat. Driven by urgency, Rodriguez sent a videotape to the Parliament. Her poignant question resonated across the nation: “If I cannot give consent to my own death, whose body is this? Who owns my life?”
Rodriguez’s case finally reached the Supreme Court of Canada in May 1993. After four months of deliberation, the nine judges, with great difficulty, ruled 5:4 that s.241(1)(b) was still valid and medical-assisted suicide remained illegal. Rodriguez v British Columbia (AG) [1993]
Rodriguez, however, didn’t wait for this verdict. In February 1994, a supportive MP arranged for a doctor to administer an ingest a liquid mixture of morphine and secobarbital to Ms. Rodriduez, who then peacefully passed.
Nearly two decades later, Gloria Taylor, diagnosed with ALS in 2009, rapidly deteriorated into needing a wheelchair and suffering from muscle atrophy. Her everyday reliance on family care infringed on her privacy and dignity. Taylor petitioned the BC Supreme Court to repeal s.241(1)(b). Her most powerful statement was: “I do not want to die wracked with pain… what I fear is a death that negates, as opposed to concludes, my life.”
The judge, Lynn Smith was already inclined to rule in favour of legalizing medical-assisted suicide. However, as a provincial judge, she needed time to repeal a federal law, so she suspended her ruling for a year to consult with legislators on amending s.241(1)(b). Sadly, Taylor didn’t live to see the day, passing away in 2012 as a result of a severe infection resulting from a perforated colon.
Simultaneously, Kay Carter and her daughter Lee Carter dealt the Canadian government a final blow. Kay, diagnosed with spinal stenosis in 2008, suffered progressive spinal cord compression, leading to unbearable pain and loss of function. By mid-2009, her condition had significantly worsened. She asked her family to take her to Switzerland for medical-assisted suicide. Despite knowing the legal risks upon returning to Canada, they accompanied Kay to a clinic called “Dignitas” in Switzerland. In early 2010, Kay was ingested the drugs and passed away peacefully.
Back in Canada, Lee Carter, realizing that her mother should have had the option to die with dignity at home, joined Taylor in advocating for the legalization of medical-assisted suicide, leading to the landmark case Carter v Canada (AG) [2015].
To repeal or modify a law, the only viable argument is that it’s unconstitutional. However, while the Constitution mentions the “right to life,” it does not explicitly state the “right to die.” How did the judges find grounds for declaring s.241(1)(b) unconstitutional? The nine judges ingeniously identified a reason:
Suppose I’m diagnosed with ALS. I can still move now, but soon I won’t be able to. I wish to have medical-assisted suicide when that day comes. But s.241(1)(b) of the Criminal Code would criminalize anyone assisting me, forcing me to end my life earlier to avoid implicating my loved ones. In other words, s.241(1)(b) coerces me into premature death, depriving me of my “right to life.”
The final verdict was unanimous: all nine federal judges ruled that s.241(1)(b) was unconstitutional and should be amended to state that “assisted suicide by medical professionals is not criminal.” Nevertheless, To prevent any misuse or malicious intent of the law, the Criminal Code has introduced sections 241.1(1)-(2), laying down eight stringent conditions for medically assisted dying. All these criteria must be met, ensuring that the law is applied with the utmost caution and care:
- The individual is eligible for health services funded by the government in Canada;
- At least 18 years of age and capable of making decisions with respect to their health;
- It must be a voluntary request for medical assistance in dying instead of a result of external pressure;
- It must be a grievous and irremediable medical condition;
- The individual must be in an advanced state of irreversible decline in capability;
- That illness, disease or disability or that state of decline causes them enduring physical or psychological suffering that is intolerable;
- The individual must give informed consent to receive medical assistance in dying after having been informed of the means that are available to relieve their suffering, including palliative care;
- The medical-assisted suicide must be approved by two independent medical doctors.
Thus, medical-assisted suicide became legal in Canada.
