Evie
Pronounced like Eevee
Speaking as someone with an actual Canadian legal background (as opposed to medical, political and moralizing sources):
Appealing the Truchon decision would have been a waste of everybody's time. Carter (2015) made the Supreme Court's position on Assisted Suicide painfully clear.
Even before Carter, the Supreme Court had been signaling for a few years it was going to reverse its 1993 ruling against assisted suicide - law professors were openly telling students that this one would change the moment the court got a new case. And indeed, the moment they got their hand on Carter, the Supreme Court reversed that ruling, and established, in so many words, the existence of a right for people who are immediably and grievously ill to assisted suicide. They did not provide exceptions, though they allowed the process to be regulated. Most pointedly, they never discussed that it would be possible to limit it to a subset of people who are grivously and irremediably hill.
"Foreseeable death" was never more than a political hail mary by the house, to avoid shocking too many people by changing too much at once. The Senate called the House out on it and told them that it was, unquestionably, unconstitutional under the Carter decision. Legal experts said the same. The House refused to listen and pushed on ahead anyway because they wanted the political benefit of appearing to limit assisted suicide as much as possible. The "But not a MENTAL illness" restriction they snuck in this time is more of the same: an attempt to gain time. They're even more blatant about it this time, because they let the Senate add the two-years twilight clause to that rule, after the Senate (again) called them out on writing unconstitutional legislation.
(And incidentally, considering that it was two disabled people who brought Truchon to the court in the first place, saying "No disabled organization support this!"...is not that compelling an argument. The organization may not want it, but the very existence of the case proves that there are disabled people who do want it. And disabled organization speaking over those individual members...is not very respectful of disabled people either).
C-7 was essentialy unavoidable, and the next bill over that expand it another step probably is, too.
None of which changes the fact that we should be doing more to help disabled people, of course.
Appealing the Truchon decision would have been a waste of everybody's time. Carter (2015) made the Supreme Court's position on Assisted Suicide painfully clear.
Even before Carter, the Supreme Court had been signaling for a few years it was going to reverse its 1993 ruling against assisted suicide - law professors were openly telling students that this one would change the moment the court got a new case. And indeed, the moment they got their hand on Carter, the Supreme Court reversed that ruling, and established, in so many words, the existence of a right for people who are immediably and grievously ill to assisted suicide. They did not provide exceptions, though they allowed the process to be regulated. Most pointedly, they never discussed that it would be possible to limit it to a subset of people who are grivously and irremediably hill.
"Foreseeable death" was never more than a political hail mary by the house, to avoid shocking too many people by changing too much at once. The Senate called the House out on it and told them that it was, unquestionably, unconstitutional under the Carter decision. Legal experts said the same. The House refused to listen and pushed on ahead anyway because they wanted the political benefit of appearing to limit assisted suicide as much as possible. The "But not a MENTAL illness" restriction they snuck in this time is more of the same: an attempt to gain time. They're even more blatant about it this time, because they let the Senate add the two-years twilight clause to that rule, after the Senate (again) called them out on writing unconstitutional legislation.
(And incidentally, considering that it was two disabled people who brought Truchon to the court in the first place, saying "No disabled organization support this!"...is not that compelling an argument. The organization may not want it, but the very existence of the case proves that there are disabled people who do want it. And disabled organization speaking over those individual members...is not very respectful of disabled people either).
C-7 was essentialy unavoidable, and the next bill over that expand it another step probably is, too.
None of which changes the fact that we should be doing more to help disabled people, of course.