Follow the Court Challenge

DWD board member Ruth von Fuchs has been closely following the Carter Case through the live webcast. Here are some notes and comments from Ruth about the day.  Ruth Von Fuchs comments are italized and in [ ] brackets.

Tucker spent some time on the risks of error in decision-making by patients and doctors.  Would there need to be a higher standard (i.e., less tolerance of risk) when death was expected to follow from the administration of a drug, instead of from the unimpeded progression of the patient’s disease? 

DWD board member Ruth von Fuchs has been closely following the Carter Case through the live webcast (link).  Here are some notes and comments from Ruth about the day.  Note that for the most part day 3 concerned several fine points of law and process, Ruth conveys these below to a non-legal audience. 

Arvay opened his submission by contrasting the court system with the political system.  In the court system people speak as experts, not as advocates; there are no issues of loyalty to a person or a party.  There is also no fear of losing one’s job by offending certain constituents who may have given the appearance of speaking for a majority, whether or not they really do.  When the political system malfunctions as a result of such psychological factors, the court system assumes a more important role.  In Mr. Arvay’s own words: “Courts are the last line of defence for citizens.”

DWD board member Ruth von Fuchs has been closely following the Carter Case through the live webcast (link).  Here are her notes about the gist of the day:

The position of the Attorney General of Canada.

During the first day Nygard, as expected, spoke mainly about various legal points on which she claimed that BC Supreme Court Justice Lynn Smith (who presided over the initial case) had erred.

The British Columbia Civil Liberties Association has made a number of court documents available:

The BCCLA's Statement of Claim

Notice of Civil Claim

Amendment to Civil Claim

Carter v. Canada AG 2012 BCSC886

In July, Rob Nicholson, the Attorney General and Minister of Justice appealed the decision of Justice Smith, including the exemption that had been granted to Gloria. So much for justice!

On August 10, 2012, Justice Jo-Ann Prowse overturned the Attorney General's appeal as it pertains to Gloria's exemption and brought back compassion and decency to the situation.

Palliative care is not enough, some currently accepted end-of-life practices bear similarities to physician-assisted death, it is possible to design safeguards that are largely effective.

These are just some of the conclusions reached by Madam Justice Lynn Smith in her just released decision on the Carter challenge.

After a day off on Thursday December 15th to allow the plaintiff’s counsel to complete their reply to both the Federal & Provincial Crown’s argument; Friday, Dec 16 was the final day of the Gloria Taylor trial.  DWD's Executive Director, Wanda Morris summarizes the testimony given during the final day in court.

Farewell Foundation for the Right to Die reports from the BC Supreme Court on the subbmission of the three interveners in support of the plaintiffs.  The counsel for the interveners gave oral and written submissions to the Court.
 

This Report from the Farewell Foundation for the Right to Die covers the Carter Trial on  December 1, 2011. 

Day 11: Thursday, December 01, 2011

Counsel for the plaintiffs, Joe Arvay, began the first day of what will be several days of argument. He told the court that the case involves the rights of unfortunate Canadians who have irremediable medical conditions that cause intolerable suffering, such as “ALS, Huntington’s, ravaging cancer … but also those with rarer conditions, like the bluntly but aptly named “Locked-In Syndrome” – a condition capable of transforming the body into the breathing equivalent of a medieval dungeon.” He said that there are those who “believe there are states of being that are literally worse than death, and who wish to embrace the latter in the time, manner and circumstances of their own choosing.”
 

We continue to follow the reporting of the Farewell Foundation for the Right to Die and their blogs from the court house.

Day 6: Monday, Nov. 21,  2011  Prof John Keown (Expert for Canada)

Professor John Keown is Rose Kennedy Chair of Christian Ethics, Georgetown University.  Prof Keown’s law publications are critical of Dutch euthanasia policies.  He testified that he opposes any form of assisted suicide or voluntary euthanasia because human life is inviolable. Prof Keown told the Court that he is Catholic but his legal research on assisted suicide and euthanasia is secular, not informed by religion.

The Farewell Foundation for the Right to Die provides insights on the first two days in court.

The Carter trial is scheduled from November 14^th to December 16, 2011.

Day 1: Monday, November 14, 2011

The first day of the Carter trial began before a packed courtroom at 09:45, with the Sherriff holding about 10 people back in a corridor until seats were available. After the
opening arguments, there was cross-examination of Dr. Linda Ganzini, staff psychiatrist at Oregon Health Sciences University. Dr. Ganzini is an expert witness for the plaintiffs. Her affidavit is 28 pages long , plus another 324 pages of material about her many scientific papers.

Gloria Taylor talks to CBCs the current about her right to die.  Listen here.

In this session (recorded on August 31st) Gloria talks about her disease and her interest in the right to die.  Gloria's interview begins at 3 minutes and 40 seconds into the podcast.

The court challenge for the right to die opened yesterday in BC's Supreme Court, read Mark Hume's report from the Globe and Mail.