A terminally ill appellant with ALS challenged the constitutionality of Criminal Code s. 241(b), which prohibited aiding or abetting suicide, arguing infringements of ss. 7, 12 and 15(1) of the Charter.
The majority held that while the prohibition engaged personal autonomy and security of the person, the blanket ban accorded with the principles of fundamental justice because it reflected the sanctity of life and the state's interest in protecting vulnerable persons from abuse.
The majority further held that the provision did not constitute cruel and unusual treatment, and assumed without deciding that any equality infringement was justified under s. 1.
The appeal was dismissed and s. 241(b) was upheld as constitutional.
