That was not a criterion established in the Carter decision. That criterion was added on. The Carter ruling provided no definition, and the Supreme Court's decision not to go too far on that issue was probably deliberate.
The notion of irreversible decline is a new criterion, and it is more limiting than what is set out in the Carter ruling. That being said, this criterion could be more easily managed than the criteria proposed in paragraph 241.2(2)(d), which talks about reasonably foreseeable death. When we decide that the grievous and irremediable illness must cause a certain decline before physician-assisted dying becomes accessible, let's just say that we are walking on a tightrope. Ultimately, without wanting to be too strict, we could let this criterion slide, but I don't think it is a criterion from the Carter decision. To strictly apply the Carter ruling, we should limit ourselves to paragraph (1) and forget the entire paragraph (2) of provision 241.2. Initially, we considered removing the entire paragraph (2). That paragraph introduces a number of criteria that are not part of the Carter decision, but the criterion of reasonably foreseeable death feels like the most important aspect to me. As for the irreversible decline criterion, I must admit that we are walking on a tightrope. In addition, that criterion does not come from the Carter decision.