The Rule of the Courts

M. Akram Faizer

The Court also created a constitutionally right to medically assisted death by invalidating a Criminal Code provision that prohibited assisted dying. 180 The Supreme Court of Canada found that the prohibition on assisted death infringed the right to life, liberty and security of the person by disallowing individuals seeking medical assistance to end their intolerable suffering. 181 According to the Court, this infringement was contrary to the principles of fundamental justice because it went beyond protecting vulnerable people at a time of weakness, and improperly denied everyone the opportunity to alleviate needless pain and suffering. 182 The Canadian Supreme Court continues to be called upon to be the umpire of federalism. 183 For example, after the Provincial Government of Quebec scheduled and narrowly lost an October 1995 referendum on Quebec independence, the Court, at the federal government’s behest, heard oral arguments on crucial questions regarding the procedures required for provincial secession from, namely whether Quebec can secede unilaterally from Canada and whether Canadian or international law governs. 184 In its August 1998 decision, the Canadian Supreme Court concluded that if a clear majority of the people in Quebec voted to leave the Canadian federation, they could do so but not by acting unilaterally. 185 Instead, they would have to negotiate the secession with the rest of Canada as if it were an amendment to the Constitution, with the Canadian Constitution and not international law being the governing law on this crucial issue. 186 The decision enunciated clearer guidelines on secession, which is no longer a significant issue confronting Canadians.

180 Carter v. Canada, 2015 SCC 5 181 Id. 182 Id. 183 Miller, supra note 60 at 53. 184 Miller, supra note 60 at 53 185 Miller, supra note 60 at 53. 186 Miller, supra note 60 at 53.

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