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Decision of the Court.
Sue Rodriguez initially took her case to the British Columbia Supreme Court. Her case was dismissed by the majority of the B.C Court of Appeal who affirmed the trial judge's decision. Following this decision, Rodriguez then took her case to the Supreme Court of Canada (highest level in the judiciary system). Even after appealing to the Supreme Court of Canada, she lost her case in a 4 to 5 decision.
Majority.
Justice Sopinka wrote on behalf of himself and La Forest, Conthier, Iacobucci and Major, JJ for the majority decision which dealt with the case under S. 7 of the Charter. He stated that there was no violation of section 7. He believed that allowing one to end their own life would be a contradiction in terms ensuring the security of a person (also in the charter). He believed that the provision did not violate any fundamentals of justice. He believed that the prohibition of suicide reflected the the fundamental values of society and was therefore not in violation. He also denied that the appeal did not go against section 12, the right against cruel and unusual punishment. He believed that the prohibition of the assisted suicide did not fall under the definition of cruel and unusual punishment. Section 241 (b) of the Criminal Code was said to deny Rodriquez of her right to security. The majority believed that this deprivation was in accordance with the principles of fundamental justice. The Majority used this to their advantage and stated that S. 241 was meant to protect the vulnerable people under the charter, people like Sue. The Court concluded that the Criminal Code matched the charter and was therefore not a violation of section 7.
Minority.
The four dissenting Justices were presented by Antonio Lamer and Beverley McLachlin. In the minority judgement, they wrote, "the right to die with dignity should be well protected as is any other aspect of the right to life. " In their opinion, the criminal code stopped people like Rodriguez from practicing autonomy over themselves.
Sue Rodriguez, a mother in her early thirties, died slowly of Lou Gehrig's disease. ... Physician-assisted suicide is illegal in the United State except in Oregon. ... Well, there are plenty of arguments againsst physician-assisted suicide. ... In the sense, assisted suicide would not be something new. ... Should assisted suicide be legalized? ...
Physician-assisted suicide should be legalized in Canada. ... Between 1992-1994 Canadians most important court case about physicians assisted suicide took place. ... Sue Rodriguez decided on seeking physician-assisted suicide at a time and fashion of her choosing. Sue Rodriguez's lawyer Christopher M. ... Rodriguez's case to lower court where it was denied. ...
- These were the words of the late Sue Rodriguez during her battle with the Supreme Court of Canada to legalize doctor-assisted suicide. ... In addition, the Supreme Court has also ruled in Sue Rodriguez's trial in 1993 that, "although other sections of the Charter are infringed due to prohibiting euthanasia, the law against assisted suicide is in accordance with the principles of fundamental justice- . ... One of these people who challenged these arguments in our highest court was Sue Rodriguez. Sue Rodriguez was a terminally ill patient suffering from a muscle deteriorating disease cal...
Another term used for euthanasia is assisted suicide. ... Perhaps two of the most widely discussed cases relating to euthanasia in Canada would be the Sue Rodriguez and Robert Latimer cases. On September 30, 1993, the Supreme Court of Canada ruled against Sue Rodriguez, ending her lengthy fight for the right to doctor-assisted suicide. Sue Rodriguez suffered from Amyotropic Lateral Sclerosis (ALS), also known as Lou Gehrig's disease. ... The Rodriguez case attracted national attention and opened a debate that would last for decades. ...
Pro-euthanasia people typically portray euthanasia as a case of individual liberty. ... Committing suicide is committing a sin. ... This directly appeals to the alienation of life itself by assisted suicide" (Forsythe). Although there is no law against suicide. ... He has assisted close to a hundred people since the early 1990's. ...
