Carter et al. v. Canada (Attorney General) et al., (2016) 480 N.R. 208 (SCC)

• Judge: McLachlin, C.J.C., Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown, JJ.
• Court: Supreme Court of Canada
• Case Date: Friday January 15, 2016
• Jurisdiction: Canada (Federal)
• Citations: (2016), 480 N.R. 208 (SCC);2016 SCC 4

Carter v. Can. (A.G.) (2016), 480 N.R. 208 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.R. TBEd. JA.004

Lee Carter, Hollis Johnson, William Shoichet, British Columbia Civil Liberties Association and Gloria Taylor v. Attorney General of Canada

Lee Carter, Hollis Johnson, William Shoichet, British Columbia Civil Liberties Association and Gloria Taylor v. Attorney General of Canada and Attorney General of British Columbia (B.C.)

(35591; 2016 SCC 4; 2016 CSC 4)

Indexed As: Carter et al. v. Canada (Attorney General) et al.

Supreme Court of Canada

McLachlin, C.J.C., Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown, JJ.

January 15, 2016.

Summary:

The Supreme Court of Canada, in a decision dated February 6, 2015, and reported at 468 N.R. 1; 366 B.C.A.C. 1; 629 W.A.C. 1, issued the following declaration "Section 241(b) and s. 14 of the Criminal Code unjustifiably infringe s. 7 of the Charter and are of no force or effect to the extent that they prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition". The declaration of invalidity was suspended for 12 months. The Attorney General of Canada subsequently applied for a six-month extension of the suspension of the court's declaration of the invalidity of ss. 241(b) and 14 of the Code. If an extension of the suspension was granted, the Attorney General of Quebec asked that legislation regulating end-of-life assistance adopted in Quebec be exempted from the suspension, to avoid uncertainty as to whether the Quebec regime conflicted with the federal prohibition preserved by any extension of the suspension. Finally, the appellants and certain interveners asked the court to grant a constitutional exemption for individuals who wished to seek assistance in ending their life during the period of any extension.

The Supreme Court of Canada granted the motion in part. The suspension of the declaration of invalidity was extended by four months from the date it was set to expire. In respect of ss. 4 and 26 to 32 of Quebec's Act respecting end-of-life care, Quebec was exempted from the four-month extension. Finally, during the four-month extension period, the court granted an exemption to those who wished to exercise their rights so that they could apply to the superior court of their jurisdiction for relief in accordance with the criteria set out in para. 127 of the court's February 6, 2015 reasons. The court awarded the appellants special costs of the motion on a full indemnity basis, as on the original appeal. McLachlin, C.J.C., Cromwell, Moldaver and Brown, JJ., dissenting, agreed that a four-month extension was justified, but would not exempt Quebec from that extension or provide for individual exemptions.

Civil Rights - Topic 8380.2

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Declaration of statute invalidity (incl. suspension of declaration) - In a decision dated February 6, 2015, the Supreme Court of Canada issued the following declaration "Section 241(b) and s. 14 of the Criminal Code unjustifiably infringe s. 7 of the Charter and are of no force or effect to the extent that they prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition" - The declaration of invalidity was suspended for 12 months - The Attorney General of Canada subsequently applied for a six-month extension of the suspension of the court's declaration of the invalidity of ss. 241(b) and 14 of the Code - If an extension of the suspension was granted, the Attorney General of Quebec asked that legislation regulating end-of-life assistance adopted in Quebec be exempted from the suspension, to avoid uncertainty as to whether the Quebec regime conflicted with the federal prohibition preserved by any extension of the suspension - Finally, the appellants and certain interveners asked the court to grant a constitutional exemption for individuals who wished to seek assistance in ending their life during the period of any extension - The Supreme Court of Canada granted the motion in part - The burden on the Attorney General who sought an extension of a suspension of a declaration of constitutional invalidity was heavy - In this case, the length of the interruption of work on a legislative response to the court's decision due to a federal election constituted such a circumstance - Parliament was dissolved on August 2, 2015 and officially resumed on December 3, 2015 - That four-month delay justified granting an extension of the suspension of the declaration of invalidity, but only for four months - In respect of ss. 4 and 26 to 32 of Quebec's Act respecting end-of-life care, Quebec was exempted from the four-month extension - Finally, during the four-month extension period, the court granted an exemption to those who wished to exercise their rights so that they could apply to the superior court of their jurisdiction for relief in accordance with the criteria set out in para. 127 of the court's February 6, 2015 reasons.

Civil Rights - Topic 8380.8

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Statute deemed inapplicable (incl. doctrine of constitutional exemption) - [See Civil Rights - Topic 8380.2].

Constitutional Law - Topic 2505

Determination of validity of statutes or acts - General principles - Doctrine of constitutional exemption - [See Civil Rights - Topic 8380.2].

Constitutional Law - Topic 2507.2

Determination of validity of statutes or Acts - General principles - Declaration of invalidity (incl. suspension of declaration) - [See Civil Rights - Topic 8380.2].

Criminal Law - Topic 1321

Offences against person and reputation - Suicide - Aiding or abetting a person to commit suicide - [See Civil Rights - Topic 8380.2].

Counsel:

[None disclosed].

Solicitors of Record:

[None disclosed].

This application was heard before McLachlin, C.J.C., Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown, JJ., of the Supreme Court of Canada. The judgment of the Supreme Court was delivered in both official languages on January 15, 2016, including the following opinions:

Abella, Karakatsanis, Wagner, Gason and Côté, JJ. - see paragraphs 1 to 7;

McLachlin, C.J.C., Cromwell, Moldaver and Brown, JJ., dissenting - see paragraphs 8 to 15.