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.
