Deciding on Death

Should Canadians have the right to medical assistance in dying? That question has galvanized debate since the early 1990s, when Sue Rodriguez unsuccessfully challenged the criminalization of assisted dying. The Supreme Court of Canada subsequently reversed its position in a 2015 case initially brought by the family of Kay Carter, who had travelled outside the country for access to an assisted death. Deciding on Death provides a comprehensive history of medical assistance in dying (MAiD) in Canadian law through a close analysis of the Rodriguez and Carter decisions. It also traces the political and legislative developments before and after those landmark cases. The controversy is ongoing, with unresolved questions about medical assistance for mature minors, those with mental illness, and persons making advance requests. However, Carter clarified the circumstances under which the court was willing to overrule its own decisions and elucidated the Charter right to life, liberty, and security of the person. Legalization of medically assisted dying has finally given many Canadians with incurable medical conditions that cause them intolerable suffering the ability to choose the manner and timing of their death. Over fifteen thousand people per year now pursue that option. This timely book explains how we got here and the decisions that still lie ahead.