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Some Thoughts Concerning Parliament's Legislative Leeway in a Post-Carter Era

8 Pages Posted: 9 Apr 2016  

Jacques Fremont

University of Montreal

Date Written: April 6, 2016

Abstract

This short paper presents some thoughts concerning the Canadian federal Parliament’s margin of manoeuver in the aftermath of the Supreme Court of Canada decisions in Carter (2015 and 2016). It suggests that the Canadian Charter of Rights and Freedoms does not restrict unduly Parliament choices in assisted-death matters, quite the contrary. It draws a distinction between persons who cannot commit suicide themselves (for whatever reason) and those who can.

Keywords: Euthanasia; Physician Assisted Dying; Life, Liberty Security of the Person; Vulnerability; Equality; Charter of Rights and Freedoms; Human Rights; Mental Health; Competency; Informed Consent

Suggested Citation

Fremont, Jacques, Some Thoughts Concerning Parliament's Legislative Leeway in a Post-Carter Era (April 6, 2016). Available at SSRN: https://ssrn.com/abstract=2760574 or http://dx.doi.org/10.2139/ssrn.2760574

Jacques Fremont (Contact Author)

University of Montreal ( email )

C.P. 6128 succursale Centre-ville
Montreal, Quebec H3C 3J7
Canada

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