CASE: Rodriguez v. British Columbia, [1993] 3 S.C.R. 519

LOCATION:

www.canlii.org, handout, and text pg. 93-94

CASE RELATES TO:

Charter: s.1 – Guarantee of Freedoms

s.7 – Life, liberty and security of the person

s.12 – Cruel and unusual treatment or punishment

s.15 – Discrimination

Criminal Code: Section 241(b)

FACTS OF THE CASE:

The appellant, a 42-year-old mother, suffered from Lou Gehrig's disease; her life expectancy was between 2 and 14 months. The appellant did not wish to die so long as she still enjoyed life, but wished that a qualified physician be allowed to set up the technological means so she could end her own life when she was no longer able to enjoy it. The appellant applied to the Supreme Court of B.C. for an order that s.241(b) of the Criminal Code, which prohibits the giving of assistance to commit suicide, be declared invalid on the grounds that it violated her rights under s.7, 12 and 15(1) of the Charter, and is therefore is of no force and effect by virtue of s. 52(1) of the Constitution Act, 1982. The court dismissed the appellant's application and the majority of the Court of Appeal affirmed the judgment. She appealed to the Supreme Court of Canada.

HELD:

The appeal should be dismissed. Section 241(b) of the Code is constitutional. 4 of 9 judges dissented.

REASONING AND LEGAL SIGNIFICANCE:

The court ruled that the law did infringe her rights under section 7. However, it stated that an individual's right to a dignified death does not override the sanctity of life under the law. In other words, the infringement was reasonable and necessary to protect the weak of society. The judges decided that to change the laws would put other vulnerable or disabled people at risk. Sue Rodriguez had to lose her freedom to die the way she chose, for the welfare of the rest of society. The judges feared that assisted suicide could then be used as a cloak for murder of the weak.