Doctor-assisted dying law: Supreme Court hears Ottawa needs more time for comprehensive plan

The federal government cannot draft new legislation on doctor-assisted dying by the end of February, as a comprehensive response requires more work from Ottawa in consultation with the provinces and territories, a lawyer for the attorney general said beforeCanada's top court reserved judgment this morning.

The Supreme Court of Canada heardarguments onMonday for the government's request for a six-month extension to draft new legislation. The court struck down the ban on doctor-assisted dying last February, and gave Ottawa one year to draft new legislation.

• Read a recap of CBC'slive bloghere
• Quebec's top court rules assisted dying law can go ahead

In his opening arguments,Robert Fratertold the court in Ottawa that while the request for more time to draft new legislationmay be "unusual," it is not unprecedented.

"Our request tothis court is based onprotection of the public and the rule of law," said the government lawyer,"and ensuring that there's a comprehensive scheme in place."

"The number of issues that have to be dealt with here are extremely large and they are very complex."

The Liberals, elected in October, requested a six-monthextension andcreateda special Commons-Senate committee last month to further explore the issue.

The names of the MPs on the committee have been posted online:

• John Aldag (Liberal, B.C.).
• Ren Arseneault (Liberal, N.B.).
• Steven Blaney (Conservative, Que.).
• Michael Cooper (Conservative, Alta.).
• Julie Dabrusin (Liberal, Ont.).
• Denis Lemieux (Liberal, Que.).
• Rob Oliphant (Liberal, Ont.).
• Murray Rankin (NDP, B.C.).
• Brigitte Sansoucy (NDP, Que.)
• Brenda Shanahan (Liberal, Que.).
• Mark Warawa (Conservative, B.C.).

Senators were appointed to the committee last month. The committee is expected to report back with recommendations by Feb. 26.

Fratertold the top courtSenators are free to start their work "now" even if Parliament is adjourned until the week of Jan.25.

"Whenever they start, have they started, they're due to report by the end of February. So the work has to get done by then. That's the important thing about the establishment of the committee."

Supreme Court has a lot of questions for government lawyer

9 years ago

Duration 2:30

Robert Frater, a lawyer for the attorney general of Canada, was under fire from Supreme Court justices as he tried to argue for an extension to draft new legislation on doctor-assisted dying.

MallihaWilson, a lawyer representing the attorney general ofOntario, argued Monday in supportof Ottawa's request for an extension.

Wilson said that without amendments to Canada's Criminal Code, the provinces and territories will continue to experiencea certain level of"uncertainty" in terms of what they are and aren't allowed to do.

"The provinces can legislate, but due to the fact that there are no Criminal Code amendments, it becomes that much harder."

Quebecargues foran exemption

Quebec isthe only province with anassisted dying law that givesterminally ill patients the choice to die with medical help.

Jean-Yves Bernard, lawyer for the attorney general in Quebec, argued in favour of an exemption.

The B.C. Civil Liberties Associationspearheaded the caseon behalf of two women, Kay Carter and Gloria Taylor, both of whom have died since the legal battlebegan.

Lawyer Joseph Arvay, who represents theparties in the Carterlegal case, said they"adamantly" opposed thegovernment's request for more time to draft new legislation.

Arvayalso argued the top courtcould notjustify giving Quebec an exemption, but not the rest of the country.

"If you were to grant an extension, we would say itneeds to be a very short extension,and during the extension then a mechanism needs to be in place for an exemption."

Feds want more time for assisted dying legislation

9 years ago

Duration 10:51

MPs Sean Casey, Michael Cooper and Murray Rankin discuss the government's move to ask the Supreme Court for six more months to craft assisted dying legislation

Grace Pastine, litigation director for the association, told CBC Radio's Ottawa Morning that a further delay would unnecessarily prolong suffering.

"If there's any further delay,it will cause critically ill Canadiansto continue to live in suffering and to die agonizing deaths against their wishes.

"Critically ill men and women across this country have been waiting years for this compassionate and humane law to come into effect," she told host Robyn Bresnahan.

"Six months may not seem like a long time ... but for someone who is critically ill with for example in the final stages of ALS [known asLou Gehrig's disease] or multiple sclerosisor if they have terminal cancer, even a day of suffering can feel like an absolute eternity.

"And for some of these men and women, they simply don't have six monthsto wait. They will die cruel and agonizing deaths."