Physician-assisted death in Canada: an imminent reality

Abstract

On February 6, 2015, the Supreme Court of Canada unanimously declared the criminal prohibition against physician-assisted dying unconstitutional.1 In this landmark case, Carter v. Canada, the Supreme Court suspended the decision for 12 months to provide the federal and provincial governments, as well as medical regulatory authorities and associations, respectively, time to establish a legislative framework and to develop appropriate policies and guidelines. In its judgment, the court set out general criteria noting that individuals eligible for physician-assisted death (PAD) must be competent, consenting adults who are suffering a “grievous, irremediable medical condition” (involving an illness, disease, or disability) that they find intolerable. On February 6, 2016, the Criminal Code provisions banning assisted dying will terminate and physician-assisted suicide and euthanasia will cease to be illegal in Canada.