Judicial Method and Three Gaps in the Supreme Court of Canada's Assisted Suicide Judgment in Carter

78 Saskatchewan Law Review, 2015, Forthcoming

6 Pages Posted: 1 Jun 2015

See all articles by Dwight G. Newman

Dwight G. Newman

University of Saskatchewan College of Law

Date Written: May 29, 2015

Abstract

In Carter v. Canada, the Supreme Court of Canada held in early 2015 that it was unconstitutional for the Canadian government to ban access to assisted suicide. This short Comment is part of a mini-symposium on the Carter case appearing in the summer 2015 issue of the Saskatchewan Law Review. This Comment argues that the Carter judgment manifests weaknesses in judicial method - it critiques the Supreme Court of Canada's move away from precedent in its recent constitutional jurisprudence, the overly individual-focused analysis it has employed in similar cases, and some weaknesses in the Court's reasoning concerning the remedy to be granted in the case. This case, and other recent cases of the Supreme Court of Canada, call for judges, scholars, and others to defend certain fundamental principles of judicial method that the Court is neglecting, and this short Comment seeks to contribute to that defence of traditional principles of judicial method.

Keywords: assisted suicide, euthanasia, judicial method, legal reasoning, precedent, stare decisis, constitutional declarations

Suggested Citation

Newman, Dwight G., Judicial Method and Three Gaps in the Supreme Court of Canada's Assisted Suicide Judgment in Carter (May 29, 2015). 78 Saskatchewan Law Review, 2015, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2612226

Dwight G. Newman (Contact Author)

University of Saskatchewan College of Law ( email )

15 Campus Drive
Saskatoon, Saskatchewan S7N 5A6
Canada
(306) 966-4847 (Phone)

HOME PAGE: http://law.usask.ca/find-people/faculty/newman-dwight.php

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