Truchon v Canada

The Court decision from Canada that brilliantly articulated the arguments for and against assisted dying.

Canada: Quebec: Montreal: Superior Court

2019 September 11

Headnote

Constitutionality of restrictions on end-of-life rights – Whether reasonably foreseeable death required

Facts

In June 2017 Mr Truchon who had cerebral palsy challenged both Québec’s and Canada’s medical aid in dying (MAiD) legislation. He argued that the laws violated his Charter rights because they were too restrictive, especially since the federal government required that a person’s natural death had become reasonably foreseeable and the Quebec legislation required that a person be at the end of life.

Law

The requirements for the use of MAID that death be reasonably foreseeable and end of life breach the Canada Charter.

Decision

The court granted in part the application; and declared that s241.2(2)(d) of the Criminal Code breached the Canadian Charter s7 because it is was inconsistent with the principles of fundamental justice and could not be justified under the Canadian Charter s1; and that that the Criminal Code s241.2(2)(d) and s26 first paragraph subsection 3 respecting end-of-life care was of no force or effect.