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Sue Rodriguez at her Saanich home in 1993. (Chuck Stoody / THE CANADIAN PRESS) court generic

Assisted suicide advocates take case to B.C. court

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CTV British Columbia: Nafeesa Karim reports
Supporters of assisted suicide will be in a B.C. Supreme courtroom today, as they launch what they predict will be a long battle for the right to die on their own terms.
CTV News Channel: Udo Schuklenk, Queen's U.
A philosophy professor at Queen's University says there has been a dramatic shift in opinion from both the public and medical professionals in Canada on voluntary euthanasia over the last 20 years.
CTV News Channel: Case to be argued in B.C.
A group that believes all Canadians should have the right to end their own lives will begin to argue its case in a B.C. Supreme Court this week.

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Sue Rodriguez at her Saanich home in 1993. (Chuck Stoody / THE CANADIAN PRESS) court generic

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Sue Rodriguez at her Saanich home in 1993. (Chuck Stoody / THE CANADIAN PRESS)

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Date: Tue. Aug. 2 2011 9:45 PM ET

A group that believes all Canadians should have the right to end their own lives will argue its case at the B.C. Supreme Court this week after the province refused to allow the group to incorporate as a non-profit business.

The Farewell Foundation For The Right to Die believes its members "have the right to make choices about their own bodies, their physical and psychological integrity, and their basic human dignity."

"The Foundation believes its members should have the right to receive assistance to end their lives, and that members should have the right to provide assistance," states a document on the group's website.

In Canada, it is a criminal offence to help someone commit suicide, and the action comes with a maximum sentence of 14 years in prison.

Because the group's aims are considered illegal, its application for non-profit status was denied by the B.C. Registrar of Companies.

That decision triggered an appeal by the Farewell Foundation, which argued that they should be accredited and that law banning assisted suicide is not constitutional.

The group also filed a civil suit against the Attorney General of Canada to challenge the constitutionality of the law. That suit will go to a court hearing on Wednesday, when the Attorney General will apply to have the suit stricken.

It is expected that the matter could end up in the Supreme Court of Canada.

In a separate case, a B.C. woman is asking that the province's top court speed up her right-to-die lawsuit so she can have an assisted suicide.

Gloria Taylor, who suffers from ALS, has worsening health and her lawyer is pushing for a November trial date. But federal lawyers say that a November date is unworkable since a ruling could have such large consequences for others.

A ruling to fast track the case will be released Wednesday.

Current laws cause "immeasurable pain" says group

In an affidavit filed on March 10, Russel Ogden of the Farewell Foundation argued that Canada's current laws cause "immeasurable" pain and psychological suffering to people of sound mind who could otherwise make a decision to end their own lives.

"This suffering is certain and it is as extreme as any suffering humanity must endure. This case tests whether Parliament is entitled to cause such suffering to the people of Canada," Ogden wrote as part of the application to incorporate the organization.

In its July 4 newsletter, the Farewell Foundation said Canada's assisted suicide laws haven't been challenged since 1993. At that time, the Supreme Court ruled 5-4 that ALS sufferer Sue Rodriguez was not entitled to have assistance with her suicide.

The court said at the time that the purpose of the law was to protect vulnerable people who might agree to a suicide in a moment of weakness.

"We believe that times have changed since the Rodriguez case and that there is overwhelming evidence to show that voluntary assisted death can be provided without undue risk to vulnerable people," the group's newsletter stated.

But there is more to the 1993 assisted suicide case, according to Ogden's March court filing.

In fact, the filing claimed that Rodriguez eventually, and covertly, received suicide help from an unnamed doctor. Former MP Sven Robinson, who acted as an advocated for Rodriguez, corroborated that claim.

The group argues that such suicides should not have to be carried out in secret.

The Farewell Foundation's goal is to eventually help usher in a suicide law similar to the one in place in Switzerland, where neither the act of suicide, nor providing assistance to someone committing suicide, is a criminal offence.

Ogden, who is a criminology instructor at B.C.'s Kwantlen Polytechnic University, said his goal is to ensure there is an option for terminally ill patients.

Ogden has personally witnessed five suicides, he stated in one of the affidavits, including one in which he accompanied a Canadian woman to Europe.

With a report from The Canadian Press

Comments are now closed for this story

vivian
said
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Absolutely NO on the looking at the assisted suicide!! Life is precious and although some may be in lots of pain, where would it stop? I would never want this to happen!!!!!!!!


Lisa
said
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I feel that assisted suicide should be allowed...although with the proper measures in place. Other places around the world do this and they ensure that the person choosing to do this are of sound mind and that this is really what they want.It should not be up for debate, religion should have no role in this. Why does everything have to be about what other people believe. If you don't belive in it then don't do it, simple.This is about basic human dignity and compassion!


Brian
said
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Hey! Consider this! Being born: extremely painful Dying: extremely painful Pain is unnatural-especially if it's gross. Why are we even having this conversation?

Cyberberry
said
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Actually if you want God to be a part of this decision.... God created us free with the ability to choose for ourselves.


CK
said
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It is very simple. If you believe that the govt shouldnt be allowed to dictate how we live, then this conversation is over. I would rather not allow the govt to dictate how I die. If I want to die, then that final wish should be allowed to happen. As for the God argument, I would believe that God has enough compassion for assisted suicide.


Laurie
said
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your life is not yours for the taking.


Dave
said
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I think people who are practically dying because of a grave illness should be allowed assisted "suicide" - if you want to call it that. But to legalize assisted suicide all together could cause depressed people to off themselves because they think it's ok to do because it's legal.


Acroyear
said
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To every person bringing god into this debate? You have no right of any kind to force your religion down my throat, or anyone else for that matter. In the same way I can not force you to stop worshiping a being I believe to be imaginary, you can not tell me that I must surrender my rights to my own dignity and very life to your god. *if* I'm wrong then your god will take it out my hide... you have no right nor reason to interfere in that, especially if you really do believe. Keep your faith and your fear to face the very being you claim to love... I'll keep my dignity when the time comes. We wouldn't let a pig suffer the way your religious views force people to suffer in a final illness.


@ Michael
said
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I believe in God and yes I go to church every Sunday but Michael, I have to disagree with you. I feel God has given us free will and I also feel that if I have a condition where I'm suffering day in and day out or I'm dying a slow painful death then I and no one else should have a right to decide weather I should live or die. We think nothing of putting a suffering dog or cat down to stop their suffering but as a human we have to suffer a long slow painful death. I think not!


Celine Vermette
said
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Life is precious, it is a gift and no one has a right to shorten life. Let us focus on paliative care instead where people are given the best care and attention they need.Thank you for the attention given to this recommandation.


JP
said
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Why does religion have to come into play everytime. This is not about who believes in god this is about making a decision to end suffering of a human life. Ive been there and watched someone wittle away fromm cancer and everyday i had to hear them say they just wanted to die and end the pain. Maybe if some of you who oppose this issue were in that position you may wish the same to end your suffering. If you are of sound mind and can make the right decision then i say yes they should allow it to happen under the proper supervision and methods.


Rick
said
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It's my life and my body! NOBODY should have the right to say otherwise if I make a conscientious decision to end my life. Whether anybody else agrees with my decision or not doesn't really matter- AGAIN- it's not their life- IT'S MINE!.


Brian
said
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Hey! You're right! Dogs do die with more dignity! Why can't we just get our acts together and treat humans more like animals? And speaking of god, why are these god believers bringing in their different perspective to this discussion? It causes me to have to think about ways of dismissing their philosophies instead of discussing assisted suicide!


bikerborz
said
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Let's get off the emotions and deal in facts. What we're dealing with here is death, and how it's defined. (I'm not going to get into politics or conspiracy theories, here, although they, too, can play a part.) We, society, define murder as the wilful taking of another person's life, correct? Then, by extension, suicide, because it is premeditated, is self-murder. Black and white, plain and simple, boiled down to the very basics. Whether you believe this or not doesn't matter, because this is truth. There IS an afterlife, whether you believe it or not. Anyone who believes murderers will not see Heaven must also then believe self-murderers will also not see Heaven. But we, as society, have wilfully ignored this. The consquences are horrifying. (And I fully expect to get lambasted for this.)


realist
said
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@Mark: you're right - I meant no disrespect. You say you were never asked to help anyone pass...but what if you had been? Are you saying you would just walk away and leave someone there to choke and gasp until they finally suffocate to death? I know I couldn't do that. If I were gasping and choking and horribly suffering like my grandmother was, I would hope that someone would love me enough to end my suffering. Just like you would take your dog to the vet and have it put to sleep if it were suffering badly.


Jayne
said
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Some people out of genuine ignorance place the same value on human life as they do for that of animals. They choose to accept a lower value for humans which equals that of the animal kingdom. I am NOT one of those who equates pets on the same level as humans and as such I value human life precious even when going through horrible illnesses. Many in our society today have missed the meaning and purpose of their lives in their rush to "enlightenment". I am not in favour of assisted suicide in any way shape or form.


Chris
said
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I thought we had a separation of church and state? so what does god have to do with assisted suicide. and instead of claim god this and god that, why don't you let him fight his own battles, he could easily come down and plead his own case. if he doesn't it means one of 2 things 1. he doesn't care what you do or 2. he doesn't exist. I for one would like to one day die with dignity and don't want you or your imaginary friends getting in my way.


SM
said
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My wife works as a palliative nurse and has hundreds of stories of human suffering.Here's a couple:Various cancers can cause vein or artery erosion. Basically, a major vein or artery weakens and cannot be surgically repaired. Eventually it ruptures and you bleed out, internally or externally. The only thing the nurses can do is keep black towels near the bedside in case it's messy. If it's a big artery it might take seconds. A vein, maybe days. You lay in bed waiting for this to happen, though you're usually in too much constant pain to worry about it. It is your legal and moral duty to stay alive and suffer until your body finally fails, apparently.Here's another:During the process of dying, some conditions result in a slowing of your intestinal muscles. Sometimes your GI functioning almost completely stops - food is no longer moving through your body. You can eat if you want, but you'll end up vomiting up your undigested food, and possibly some of the faeces that's clogged you up. In these cases, a common way to go is that the unmoved wastes in your intestinal tract simply go septic - they rot in your body and ultimately poison you.Again, it is your absolute legal and moral duty to suffer through this until we've wrought all the agony and indignity we can from you.I'm sure those of babbling incoherently about God have never set foot in a place for dying people, nor paid any attention to loved ones as they were passing. You were probably too busy praising something rather than see the agony in front of you.Forcing people to stay alive in horrible, terminal conditions should be a crime, not a legal requirement. The gap between our laws and reality is sometimes appalling.


Marc
said
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@realist; I know you meant no disrespect, but I have been a witness to too many people die horrible death's, My father, not good, my mother way worse, and as a former Infantry soldier in the CF, deployed to Yugoslavia,Rwanda, and other over sea's deployment's I HAVE seen death.Comrades in arm's,Parent's, and countless innocent civilian's, none asked me to help them "pass on", all clung on to life, even to the bitter end.One of the best gift's you can give to you're loved one's, is to fill out you're "medical will" before you are unable. Again, assisted suicide becomes a redundant subject.-Marc "the Brat"-Montreal, Quebec which is proudly in CANADA.


geebee
said
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"Pesky baby boomers" you say.Lets see if you have the stones to off me and see who walks away.


Reality Check
said
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Well, look at the comments. We have a society that DOES place more emphasis on its pets than on the people. Yes, Foofoo gets sick, 'we had to put her down' sob sob. Next pet. Yet we want to be sickos and visit a person with tubes coming out of every orafice, can't talk, in pain, hair falling out, and we sit there and watch....WHY? Or now we know they do not know us or respond... but let them suffer there. Does seeing someone in this state make YOU feel better. WHAT IS WRONG WITH PEOPLE???


Marc
said
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Filling out a "medical will"(you can request one at ANY Medical facility) BEFORE you are"to far gone", makes assisted suicide redundant. sadly to many people don't do this and then further burden distraught loved ones, and ask medical staff, to twist their Oath to do no harm. Be responsible for your life, and get a "medical will". your loved ones will come to terms easier, and our Human society will be stronger for it.-Marc "the Brat"-Montreal, Quebec which is proudly in CANADA.


William
said
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"God left the building a long time ago"..... In your understanding maybe James, but God is still VERY relevant to all these debates and will always be and no amount of social intimidation will ever change that reality.


Brian
said
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Hey! Why don't we combine abortion and assisted suicide and terminate the life of a 1 yr old baby in order to ease the pain of a mother-they do that in Switzerland too! While we're at it, let's offer assisted suicide to all consenting adults who are depressed!Let's hurry up and get these through; those pesky baby boomers ain't getting any younger!


realist
said
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@Gord: You're right. However, assisted suicide will never be a "black and white" issue - there will always be a grey area and there will need to be legislation to protect those who are not of sound mind. But if you ARE of sound mind, you should be able to make your own choice. @Marc: spoken like someone who has never watched anyone die an agonizing death first-hand. Sounds like your dad died peacefully, which is nice, but I believe your opinion would differ greatly is you had been there to watch my grandmother die - choking and gasping with eyes bulging while and urinating and defecating - with the doctor claiming that nothing could be done because she had been given "all the pain medication that she was allowed." There was ZERO dignity in the way she died. Period.


NS in NB
said
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Let's tell the truth. We all want the government to say it's allright to do what God tells us is wrong. Man up, that's it that's all.


Reece
said
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Why is it always neccesary to have someone like Rosa Park spark a movement to make things right? Why does everything need to be a struggle? My father died from alzeimers and the doctors wasted all of their resources and money trying to keep him alive with breathing tubes and nurses. Am I suppose to be impressed? We all knew he was going to die yet they struggled to keep him alive for as long as they paid the hydro bill *clap* *clap* *clap* - dumb doctors, dumb lawyers, dumb politicians. If I come down with alzeimers and am laying in a hospital room suffer - the loud bang will be a shotgun would to my own head - dont bother going "code blue" - call the friggin janitor.


Roger
said
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Just remember you wouldn't let your own pet suffer the same measures as a human, everybody who objects to euthanasia are hypocrits.


Quick poll
said
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How many of the people who agree with assisted suicide are also pro capital punishment? My gut tells me that most who agree that people should chose the time and place of their own deaths would wring their hands at the notion of putting a convicted murderer to death. I for one think we need to get rid of all the people we can, this planet is just too over populated so if someone wants to die, they should and if somebody kills, they too should die.


Max in Vancouver
said
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People get very emotional about this topic. Unless you are in the person's shoes who has been diagnosed terminal and is suffering and who's only relief from pain is medications such as morphine and oxycontin, you have no concept of how it is. It's no pleasure to watch a person waste away as they live out their life stoned on legal meds. We are all going to die at some point. When the doctors finally say a person is terminal, that just means their death is going to happen soon. No human should have to suffer out the final days of their life as a zombie and no family should be put through the long days of pain as they watch their loved one slowly wither. No animal would be treated this way. I'm in favour of a legalized assisted end of life choice.


Syl
said
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Man made laws can be changed by to make such things as assisted suicide, same sex marraige, abortion etc. legal, but these laws can never make them the right thing to do.


Gerry Felice
said
0 0

After a bad car accident a few years ago i found out what real pain and loss of dignity. I was able to take it because I knew I would get better. But it made me realize if I was in the same position and could only get worse how horrible that would be. Animals are allowed a peaceful end by there owners. Murderers in the U.S. have a easy way out. People who worked and raised a family don't we deserve the same privilidge instead of loss of dignity and horrible pain ?


james
said
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When it comes to dying, "God" left the building a long time ago. For quite some time, Medicine has had the technology to prolong life indefinitely. So, choosing to end one's life with assistance, when we have reached the point where we can no longer physically do it ourselves, amounts to ending a protracted dying process, rather than ending "life." The fact is, terminally ill patients are frequently given overdoses of Morphine by their caregivers to end their needless suffering under the guise of "pain management." Introduced properly, this legislation would give those who so chose to die with their dignity intact that right, whereas as those of you who wish to suffer out the last dying moments would retain that right, as well.


Michael
said
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God is the source of life. I understand the God bashers will default to ignoring God in these debates and that is their choice to do so but they lack insight and are speaking only from a limited viewpoint and not the entire perspective in this debate.


Gord from Ottawa
said
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The problem with assisted suicide is the Pandora's box it opens. Many people who are potential victims are not "of sound mind". They suffer from dementia or depression which severely impairs their judgement. Family members can get decision making powers over these victims which allows them to make the call on assisted suicide. Then the "bother" of looking after Mom or Dad, or the loss of their own freeedom or "dignity" may make it tempting for the family members to make that fateful decision. I have seen too many sick relatives, including my own mother, at the depths of their dispair over illness who want it all to end, but who later recover enough to have more years of comfort and to continue to be a part of our lives. Don't give in to this "convenient" way of dealing with sick people.


AC in NB
said
0 0

Funny how some people will bring God and religion in this debate and say how wrong it is to put someone out of their misery. And yet think it's alright to keep someone alive through artificial measures. In my mind, you can't have it both ways. Just being kept alive and suffering is NOT life.


Marc
said
0 0

No one has the right to ask someone else to terminate their life, because they don't have the courage ,or integrity to do it themselves. Dignity is earned when we face our hardship's(and our triumph's) throughout ALL our lives, even to the bitter end.When my Father died, surrounded by his loved ones,He showed to everyone that EVERY moment with his loved ones was important, and special. to ask our health care professionals to ignore their sworn oath "to do no harm" IS a UNDIGNIFIED request to the doctors,and says to the people left behind, "I'm thinking of myself first, and you're not worth suffering for. Selfish, and self pity, exactly the opposite of what God asked his only begotten son to show us at his bitter end, so to all who favor Assisted Suicide, Jesus had NO Dignity?Typical baby-boomer response, me, myself, and I.Thank God our young people today don't share the same outlook on life as their parent's.


Ted
said
0 0

I know that if I was in such a sad situation, I would like the right to die. If I was just a brain bobbing around in a useless body that needed someones care 24/7 I would prefer to be dead. Whats the point laying there day after day doing nothing. Perhaps if there is life after this one, I would do much better. If not well I dieied just like everyone does, except I choose when and how.


Joe Spumolio
said
0 0

Absolutely not. Suicide is a decision for the person committing the act and nobody else. Assisting suicide is committing murder. Do these people think they're heroes? I think they're sick. It's sick to want to help somebody end their life, no matter what the circumstances. Wanting to die is, in my opinion, a sigh of mental illness. It's unnatural to want to die. Where do we draw the line? Is it only terminally ill people who get to commit assisted suicide? What if somebody loses their job and is really bummed out, do they get to kill themselves? This isn't progressive, it's just sick, in my opinion. I hope the courts reject their claims and send them packing.


Original Canadien
said
0 0

Time to put the Nanny State to sleep... We are free people. How dare the government decide it can choose for our own "safety". It is our own life and they can but out. To expand on P.E.T.'s statement: " the government has no place in our lives". Our taxes are to pay for running the place, not to run our lives. The religious aspect of it has more to do with maintaining sheep around than actually saving a life - although the indoctrination by religion essentailly tells you you shouldn't think for yourself anyhow. So they can shut up about it, it is none of their business.


Michael
said
0 0

Assisted suicide is essentially being an accomplice to self-murder. No matter how terrible the circumstances, the taking of a life is unjustifiable including your own. Society is on a slippery slope when we go down the road to acceptance of self murder as a way out of our circumstances. As horrible as circumstances may be they are an extension of Gods grace to the individual to respond to Him. Sadly, too many can't see that.


Helle Gyllingq
said
0 0

Let people decide over their own deaths! It's about time.. We would never let a dog suffer the way some illnesses slowly and brutally kill people. I have a friend in Belgium whose relative had that choice and took it. It should be a human right when only suffering is ahead. How can any government decide that you should suffer? Let people decide for themselves.


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