Bryant Alexander Mackey

The appellants challenged Criminal Code provisions barring assistance in dying, arguing the absolute prohibition violated section 7 Charter rights of competent adults with grievous and irremediable medical conditions causing intolerable suffering.

The Court held the blanket ban was overbroad relative to Parliament’s objective of protecting vulnerable persons and was not justified under section 1.

It declared section 14 and section 241(b) of no force or effect to the extent they prohibit physician-assisted death for competent, consenting adults meeting the defined criteria.

The declaration of invalidity was suspended for 12 months to allow a legislative response.

The Court also awarded special costs on a full indemnity basis to the appellants, with partial cost responsibility assigned to British Columbia.

The respondent was mistakenly identified as a suspect, arrested, strip-searched, and his vehicle was seized.

The trial judge found breaches of his s. 8 Charter rights and awarded damages under s. 24(1).

The Supreme Court of Canada established a four-step framework for awarding Charter damages: (1) proof of breach, (2) functional justification (compensation, vindication, deterrence), (3) absence of countervailing factors, and (4) quantum assessment.

The Court upheld the $5,000 damage award for the strip search but set aside the $100 award for the vehicle seizure, finding a declaration sufficient for the latter.