BC Supreme Court Justice Lynn Smith found in favour of the plaintiffs in the Carter Challenge. She has declared that the law is to be struck down in a year’s time to give Parliament the time to bring in new legislation.In her finding of facts Justice Lynn Smith concluded that palliative care is not enough, that there are not substantial differences between current practices and physician assisted dying.
Justice Smith did find that there were risks associated with medically-assisted dying, but she noted that these could be largely mitigated and to prohibit assisted dying imposes undue restrictions on those who suffer at end of life.
The full decision can be read here.