Essay on Canadian Charter Of Rights And Freedoms

2224 Words Nov 10th, 2016 9 Pages
The right to life is considered a fundamental freedom of all citizens in society. For example, in section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”), every Canadian is granted the right to “life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice” (Canadian Charter, 1982, s 7). However, this freedom rests on a delicate balance and has been contested in various situations to determine its scope. Originally, the preservation of life was considered as an absolute necessity and was therefore entrenched in Canadian constitutional law (Care, n.d., p. 1). However, this necessity has been questioned for its assumption that all individuals desire to live at all costs (Chochinov & Frazee, 2016, p. 543). Instead, the Courts have recognized that “in certain circumstances, an individual 's choice about the end of [their] life is entitled to respect” (Pastine, 2015, p. 1). As such, I will examine a controversial law, Bill C-14, and will analyze the specifics of the law, paying close attention to the nature of the legal conflict, policy implications, and its contribution to the understanding of Canadian law.

Brief History of Assisted Dying in Canada
In its 1993 decision in Rodriguez v. British Columbia (Attorney General), the Supreme Court of Canada (“SCC”), in a 5-4 split judgment, upheld the prohibition on assisting a person to commit suicide (Chan & Somerville, 2016, p. 150).…

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