Ontario Civil

Constitutional Law

Charter of Rights
Applicant was granted constitutional exemption from prohibition against physician-assisted death

Applicant, 81 years old with advanced-stage aggressive lymphoma, granted declaration that he satisfied criteria for constitutional exemption from prohibition against physician-assisted death. He was also granted declaration that circumstances of his death would not require notification to coroner under Coroners Act (Ont.). Applicant established he was competent adult person, had grievous and irremediable medical condition that was causing him to endure intolerable suffering which could not be alleviated by any treatment and he clearly consented to termination of life. Coroner need not be notified of applicant’s death because death would not be from a cause other than by disease nor would his death be circumstance that required investigation under Act.

B. (A.) v. Canada (Attorney General) (Mar. 17, 2016, Ont. S.C.J., Perell J., CV-16-00AD001-00ES) 263 A.C.W.S. (3d) 919.

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