Section 3 Counsel

Friday, March 27th, 2015

On the first day of Osgoode Hall’s Certificate in Elder Law program much was discussed including understanding the ageing process and confronting ageism. From counsel’s perspective it also served as a refresher of the role of section 3 (of the Substitute Decisions Act, 1992).  As you may know Section 3 gives ...

Ban on Physician Assisted Suicide declared unconstitutional by Supreme Court – Part II

Friday, February 20th, 2015

We discussed in our blog last week the Carter decision, which has been lauded (or complained of depending on your view) as a resurgence of judicial activism. What does seem clear is that the Supreme Court has opened the door for substitute decisions makers to act on the authority given ...

Ban on Physician Assisted Suicide declared unconstitutional by Supreme Court – Part I

Wednesday, February 11th, 2015

As most of you heard, the Supreme Court of Canada released its decision in Carter v. Canada (Attorney General) 2015 SCC 5 on February 6, 2015 finding the ban on physician assisted suicide (found in ss. 241(b) and 14 of the Criminal Code) is unconstitutional and providing the government one year ...