The Effect of Canada’s Courts on Assisted Suicide Laws: An Explanation

The Supreme Court of Canada rendered a 2015 decision and Quebec’s Superior Court had a ruling in 2019 that were crucial for shaping MAID policies in Canada. These decisions influenced lawmakers to expand assisted suicide to more Canadians who are not terminal, and in the future, to those who are suffering from mental illness prior to the 2015 ruling that legalized medical assistance in dying in Canada. This action prior to 2015 was against the law and was punishable by up to 14 years in prison, but the 2015 ruling changed that. The dispute in Rodriguez v. British Columbia led to a 1993 decision by the Supreme Court which upheld a prohibition on assisted suicide. The debate encompassed key discussions about human rights, protecting the vulnerable, the value of human life, and delineating the fundamental principles of justice. In 2015, those principles shifted when the court ruled against the law barring assisted suicide and declared it to be in violation of the charter. This decision ultimately led to the government legalizing medical assistance in dying. The 2015 decision, like the 1993 ruling, centered around these principles and led to the legalizing of MAID. However, there remains continued debate regarding further extending access to this service, specifically to people suffering from mental illness as the sole condition. While there has been an extension of MAID to include those also suffering from mental illness, there is ongoing discussion about whether rulings and laws outline the inclusion of mental illness in this capacity. Many debate the authorities that mandate the ruling and the interpretation it corresponds to the mental illness inclusion. Despite conflicting opinions and uncertainty, MAID is now available to those with mental illness, and the courts and policymakers uphold this decision.



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