After a diagnosis of amyotrophic lateral sclerosis (ALS) in 1991, Sue Rodriguez challenged the validity of Canada’s prohibition on assisted suicide; she wanted the right to end her life on her terms. In 1993, the Supreme Court of Canada dismissed her appeal in a 5-4 decision. Known for her quote, “If I cannot give consent to my own death, whose body is this? Who owns my life?”  Sue ignited the conversation about medical assistance in dying which eventually became legal in 2015. Despite the disappointing outcome of her legal challenge, Ms. Rodriguez was able to end her life on her own terms with the help of an anonymous physician on February 12, 1994.

In recognition of her death, her courage and her influence on Canada’s assisted dying legislation, we asked her friend, Svend Robinson, about Sue and public perception on the issue at the time. 

You were an advocate, friend and champion of Sue’s cause and case; what do you recall about Sue’s character and her drive to change the law?  

Sue was one of the most powerful and brave people I have ever met. After her diagnosis with ALS, she was determined to fight with dignity and integrity for her right to decide when the suffering and pain and indignity were too great and when she had the right to end it on her terms. She was fighting for that right not just for herself, but for all others in similar circumstances. She was a true Canadian hero, and her fight was absolutely pivotal in ensuring that many years later a unanimous Supreme Court of Canada (SCC), under the remarkable leadership of Chief Justice Beverly McLachlin who had supported Sue in 1993, upheld the visionary decision of BC Supreme Court Justice Lynn Smith to reverse the 1993 5-4 decision of the SCC and uphold the right to medical assistance in dying. Sue was also deeply concerned about the impact of the law on people who, like her, were living with disabilities, and determined that their lives should be fully honoured and respected, and that deeply discriminatory living conditions must be overcome. 

If I cannot give consent to my own death, whose body is this? Who owns my life?

Sue became a very public figure about a divided subject, what do you remember about the public’s reaction to her and the case?  

Sue became one of the best-known people in the country and inspired incredible love and respect. I remember walking with her in her wheelchair in Stanley Park, people would come up to her, sometimes with tears in their eyes, to thank her for her courage and her leadership and to share the stories of how her fight affected them or a loved one personally. I remember when we went to court in Victoria, people applauding her as she entered the courtroom, and when we would go out for a bite to eat at her favourite Chinese food place, they lined up to show her their support. Even today, decades later, people will still quietly tell me how Sue’s life and her brave fight inspired and moved them. She was a hero. 

You were present when Sue died with the assistance of a physician. Can you tell us about the tone of the day, and this courageous choice she made despite the court ruling?  

I was with Sue at her Saanich home when her lawyer Chris Considine called us in late September 1993 with the decision of the Supreme Court: we lost by the narrowest of margins, 5-4. Sue shed a few tears, but then turned to me and said, “Svend, the Court may have spoken but we have the last word.” And indeed, we did. Sue died at the time she was ready, peacefully and painlessly, listening to music she loved and with a dear friend holding her. A good death. 

Medical assistance in dying has been legal in Canada for 10 years now; it took some time, but Sue’s advocacy was integral in getting this in place. From your perspective, is Canada’s legislation adequate, is there more room for change?  

I want to pay tribute to Dying With Dignity Canada and the many other groups and individuals who continue to work hard to ensure that the law reflects compassion and respect for the wishes of those who are suffering and facing a life that they don’t wish to live, and respects the fundamental principles of the Constitution and Charter of Rights as eloquently outlined in the SCC decision in Carter. That means that there is still unfinished business.  

1. Canadians must have the right to have advance requests for MAID respected in law. Quebec is leading on this, and Canada must do the same. If I am diagnosed with Alzheimer’s disease, I absolutely want and deserve the right to clearly state the conditions under which I want to end my life – both for myself and for my partner and those who love me.
2. The law must recognize, of course with full safeguards, that the pain and anguish of unrelinquished mental illness is just as powerful as that of physical illness.
3. We must also do much more to respond to the very real concerns of people living with disabilities, like Sue. No one should feel that their lives are less worthy of full respect and dignity, and the appalling socio-economic conditions in which too many live must be urgently addressed.    

But that does not in any way diminish the reality that Sue was fighting so hard for, that people with disabilities must also have the right and the means to exercise their fundamental choice of when to seek medical assistance in dying.