User:Zhantongz/卡特诉加拿大案
| Carter v. Canada (AG) | |
|---|---|
 | |
| 法院 | 加拿大最高法院 |
| 开始审理日期 | October 15, 2014 |
| 判决下达日期 | February 6, 2015 |
| 案件编号 | S112688 |
| 判例引注 | 2015 SCC 5 |
| 案件历史 | |
| 既往案件 | On appeal from the Court of Appeal for British Columbia |
| 法庭判决 | |
| Criminal prohibition of assisted suicide violates the Charter. | |
| 法庭裁定 | |
| Appeal allowed | |
| 法庭成员 | |
| 主审法官 | Beverley McLachlin |
| 法官 | Louis LeBel, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon. |
Carter v. Canada (AG) is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from Amyotrophic lateral sclerosis (ALS)[1]. In a unanimous decision, the Court struck down the provision in the Criminal Code of Canada, giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor’s help in dying.
案件背景
[编辑]The right to assisted suicide in Canada had previously been denied by the court in their 1993 ruling Rodriguez v British Columbia (AG).[2]
In April 2011, the British Columbia Civil Liberties Association (BCCLA) filed a lawsuit challenging section 241(b) of Criminal Code (law that prohibits aiding a person to commit suicide), claiming it violated sections 7 (the right to "life, liberty, and security of the person) and 15(1) of the Canadian Charter of Rights and Freedoms (equality).[1]
The case was heard at the Supreme Court of British Columbia, who ruled in favour of the BCCLA in June 2012. The federal government appealed the ruling to the Court of Appeal for British Columbia, who overturned the ruling in a two-to-one decision in October 2013. The BCCLA then filed a leave to appeal to the Supreme Court of Canada.[1]
判决原因
[编辑]The court found that section 241(b) and section 14 of the Criminal Code unjustifiably infringe on section 7 of the Charter, and that this violation is not saved under section 1.[3]
参见
[编辑]外部链接
[编辑]- t of Canada decision at LexUM
参考资料
[编辑]- ^ 1.0 1.1 1.2 Carter v. Canada: The Death with Dignity Case, British Columbia Civil Liberties Association
- ^ Rodriguez v. British Columbia (Attorney General), [1993] 3 SCR 519, online at: http://canlii.ca/t/1frz0
- ^ Carter v. Canada (Attorney General), 2015 SCC 5, online at: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14637/index.do