O.P., suffering from end-stage glioblastoma, applied for a declaration that his planned physician-assisted death was permitted by law under the criteria established in Carter v. Canada (Attorney General), 2015 SCC 5.
The applicant argued that court authorization was not legally required but sought a declaratory order for practical reasons due to healthcare providers' concerns about civil, criminal, or disciplinary liability, and issues with the Coroners Act.
The court rejected the premise that physician-assisted death was permissible without court order pending federal legislation, asserting that judicial authorization remained a constitutional remedy under s. 24(1) of the Constitution Act, 1982 to ensure the rule of law and safeguard vulnerable persons.
The court ultimately granted an authorization order for physician-assisted death, finding that O.P. met all the Carter criteria, and provided ancillary relief regarding the Coroners Act and Family Law Act.