Quebec judge overturns parts of federal, provincial laws on medically assisted dying
2019-09-11 from cbc.ca
A Quebec Superior Court justice has declared parts of both the federal and provincial laws on medically assisted dying unconstitutional because they're too restrictive.
Two Montrealers with degenerative diseases, Jean Truchon, 49, and Nicole Gladu, 73, launched a court challenge in January seeking access to Quebec and Canada's doctor-assisted dying laws.
Both suffer from serious health problems that their lawyer argued cause persistent and intolerable suffering.
Federal and provincial laws currently say only people who are facing "foreseeable death" can receive aid to die.
Truchon and Gladu argued the laws are too narrow in their criteria and run counter to their Charter rights.
In a decision released Wednesday, Justice Christine Baudouin largely agreed with Truchon and Gladu's arguments.
"The court finds that the statutory provision requiring natural death be reasonably foreseeable infringes life, liberty and security of the person guaranteed by Section 7 of the Charter to Mr. Jean Truchon and Ms. Nicole Gladu, in a manner inconsistent with the principles of fundamental justice," Baudouin said.
"The reasonably foreseeable natural death requirement deprives both individuals and claimants of their autonomy and their choice to end their lives at the time and in the manner desired."
She also found the provision violated their right to equality.
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