Life, Liberty and the Right to Die

CFI Vancouver is proud to present a lecture by Rebecca Coad: Life, Liberty and the Right to Die.

In April of 2011, the BC Civil Liberties Association (BCCLA) filed a lawsuit challenging section 241(b) of the Criminal Code, which is an absolute prohibition on assisting someone to commit suicide. The BCCLA successfully argued that people who are grievously and irremediably ill should have a right to access medical assistance with dying based on sections 7 (the right to life, liberty and security of the person) and 15 (equality) of the Charter of Rights and Freedoms. In a landmark decision, Justice Lynn Smith of the BC Supreme Court held that section 241(b) was overly broad, grossly disproportionate and discriminatory, and was therefore unconstitutional.

This discussion will provide an examination of Justice Smith’s decision in Carter v Canada (Attorney General), 2012 BCSC 886, as well as its broader legal context. The focus of the discussion will be on the legal arguments made both in favour and in opposition to legalizing a limited form of assisted dying. Ultimately, Justice Smith made two key findings which led her to find section 241(b) to be unconstitutional: (1) She held there is no ethical distinction between current palliative care practices and physician-assisted dying; and (2) She found that assisted dying can be successfully regulated so as to protect the vulnerable, as demonstrated by Oregon’s death with dignity regime. Both of these findings will be explored. This discussion will also provide an overview of related issues, such as the nature of rights protected by the Charter and some fundamentals of the Charter litigation process.

Rebecca Coad obtained a Bachelors of Arts in Philosophy and a Juris Doctorate from the University of British Columbia. She was first introduced to the legal issues surrounding choice in death as an intern for the BC Civil Liberties Association (BCCLA) in 2011. During her time with the BCCLA, she researched Oregon’s Death With Dignity Act and helped compile expert and witness affidavits for Carter v Canada (Attorney General), 2012 BCSC 886, the BC Supreme Court case that challenged the constitutionality of the criminal prohibition against assisted dying. Rebecca is currently a research assistant for the University of British Columbia’s Faculty of Law. Her research to date has primarily focused on the gendered effects of Canada’s tax laws, especially with regard to the taxation of wealth. She will be working this summer on feminist issues within criminal law. For fun, Rebecca enjoys cooking, the theatre, chess and Bhangra dancing.

Admission by donation (suggested donation of $5 to $10)

May 31, at SFU Harbour Centre, room 1700 at 7pm.