Emma Carver

The applicant sought judicial authorization for physician-assisted death during the interim constitutional exemption regime established by Carter.

The court held that the evidentiary record established all five Carter criteria, including adult capacity, a grievous and irremediable medical condition, intolerable suffering, absence of acceptable alleviating treatment, and clear consent.

The court further held that a court-authorized physician-assisted death in these circumstances did not trigger the notification provisions in s. 10(1) of the Coroners Act.

The application and ancillary declaratory relief were granted.

The applicant, an 80-year-old man with advanced-stage aggressive lymphoma, brought a preliminary motion for confidentiality orders in his application for physician-assisted death under the Carter framework.

He sought orders allowing him, his family, and his physicians to proceed anonymously, a publication ban on identifying information, and a sealing order for the application record, proposing to file a redacted version for the public.

The media respondents opposed the anonymity of the physicians and requested a 'counsel's eyes only' review of the unredacted record.

The court granted the motion, finding that the applicant's proposal struck the appropriate balance between the open court principle and the need to protect the privacy and dignity of the applicant, as well as the public interest in not deterring physicians from participating in such applications.

The applicant opposed an adjournment of the hearing, arguing that the respondent's former legal representative gave conflicting and inconsistent reasons for seeking the adjournment.

The Tribunal held that even if these submissions had been considered prior to the initial interim decision granting the adjournment, the hearing would still have been adjourned.

The respondent was left without legal representation through no fault of his own and had insufficient notice to retain new counsel.