User:Zhantongz/卡特诉加拿大案

Carter v. Canada (AG)
加拿大最高法院
聆訊：October 15, 2014 判決：February 6, 2015
引稱	2015 SCC 5
Docket No.	S112688
先前歷史	On appeal from the Court of Appeal for British Columbia
裁定	Appeal allowed
Holding
Criminal prohibition of assisted suicide violates the Charter.
法庭組成
首席大法官	Beverley McLachlin
陪席大法官	Louis LeBel, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon.
判決理由
Unanimous reasons by	The Court

Carter v. Canada (AG) is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from Amyotrophic lateral sclerosis (ALS). In a unanimous decision, the Court struck down the provision in the Criminal Code of Canada, giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor’s help in dying.

案件背景

The right to assisted suicide in Canada had previously been denied by the court in their 1993 ruling Rodriguez v British Columbia (AG).

In April 2011, the British Columbia Civil Liberties Association (BCCLA) filed a lawsuit challenging section 241(b) of Criminal Code (law that prohibits aiding a person to commit suicide), claiming it violated sections 7 (the right to "life, liberty, and security of the person) and 15(1) of the Canadian Charter of Rights and Freedoms (equality).

The case was heard at the Supreme Court of British Columbia, who ruled in favour of the BCCLA in June 2012. The federal government appealed the ruling to the Court of Appeal for British Columbia, who overturned the ruling in a two-to-one decision in October 2013. The BCCLA then filed a leave to appeal to the Supreme Court of Canada.

判决原因

The court found that section 241(b) and section 14 of the Criminal Code unjustifiably infringe on section 7 of the Charter, and that this violation is not saved under section 1.

参见

• 加拿大最高法院案件列表 (麦克拉克林首席)
• Euthanasia in Canada

外部链接

• t of Canada decision at LexUM