Remedial Postscripts — Reflections on Carter II, Suspensions, Extensions and Exemptions

In Carter, the Supreme Court of Canada declared unconstitutional the absolute criminal prohibition on medical assistance in dying but suspended its declaration for 12 months to allow time for Parliament and the provincial legislatures to respond to the decision. In part because of the intervening federal election, Parliament was unable to pass a response to Carter in time and, prior to the expiry of the suspension, applied for a six-month extension. Carter II was the Court’s decision on the extension application — and on the issue of whether exemptions should be granted from the temporarily valid law (1) within Quebec having regard for the coming into force of Quebec’s law governing medical assistance in dying; and (2) outside of Quebec for individuals who met the criteria in the Carter declaration

Remedial Postscripts — Reflections on Carter II, Suspensions, Extensions and Exemptions

In Carter, the Supreme Court of Canada declared unconstitutional the absolute criminal prohibition on medical assistance in dying but suspended its declaration for 12 months to allow time for Parliament and the provincial legislatures to respond to the decision. In part because of the intervening federal election, Parliament was unable to pass a response to Carter in time and, prior to the expiry of the suspension, applied for a six-month extension. Carter II was the Court’s decision on the extension application — and on the issue of whether exemptions should be granted from the temporarily valid law (1) within Quebec having regard for the coming into force of Quebec’s law governing medical assistance in dying; and (2) outside of Quebec for individuals who met the criteria in the Carter declaration