Last, on the issue of protection and promotion of life, the Supreme Court recognized the sanctity of human life as a fundamental value of Canadian society in both the Rodriguez and Carter decisions. This underlying principle is what animates our society's commitment to universal medical care and to our social welfare system, etc. The Carter decision was a balancing of the autonomy and dignity of a person with a grievous and irremediable condition seeking death, and society's commitment to the sanctity of human life and care for vulnerable persons. Carter was not a “floor”; it was a delicate balance. In Rodriguez, the court concluded that allowing assisted suicide would undermine society's commitment to respecting life and that risks to vulnerable persons were too great. In Carter, the court concluded that limited exceptions to the blanket prohibition, while inherently risky for vulnerable persons, could be balanced with the respect for life and not compromise it. To move beyond Carter exceptions would be to undermine the respect for life and increase the risk of wrongful death.
Given the centrality of the sanctity of human life in the court's deliberations, and to Canadian society, we feel a stronger statement needs to be made to reassert this objective. We suggest that the following wording from the Carter decision be added to the first clause of the preamble ahead of the clause dealing with human autonomy: “Whereas the respect for life is one of our most fundamental societal values, and section 7 of the Charter is rooted in a profound respect for the value of human life”. That's a quote from the Carter decision.
The Carter balance is premised on the ability to establish stringent safeguards for something that the court recognizes is inherently risky. The basic difference between the Rodriguez and Carter decisions was whether the safeguards could be put in place to eliminate the risk of wrongful death. The court heard conflicting evidence about this. Parliament is better suited to assess risk, to establish the acceptable threshold, and determine whether the safeguards you establish will be effective.
Thank you.