OTTAWA — The Supreme Court of Canada struck down on Friday laws banning physician-assisted suicide for patients with “grievous and irremediable” medical conditions.
The unanimous decision, which reverses the position taken by the court 22 years ago, came more quickly than expected and might become an issue in federal elections to be held this year.
“The prohibition on physician-assisted dying infringes the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice,” the court wrote, adding that an absolute ban is not needed to ensure that vulnerable people are not coerced “to commit suicide at a time of weakness.”
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“We agree with the trial judge that the risks associated with physician-assisted death can be limited through a carefully designed and monitored system of safeguards,” the court wrote.
It added, “A theoretical or speculative fear cannot justify an absolute prohibition.”
The court’s decision leaves it up to the federal and provincial governments and physicians to define the medical conditions that would allow doctors to assist in a patient’s death. And the ruling does not indicate if mental as well as physical conditions should be among the criteria.
