Thank you, Mr. Chair.
Professor Lemmens, Professor Downie asserted that the declaration in Carter was that “a grievous and irremediable medical condition” includes mental disorders. The last time Professor Downie appeared before this committee, in November 2023, she stated that if the Supreme Court intended otherwise, the court would have said so expressly. What Professor Downie conveniently didn't mention is that the court went on to state:
The scope of this declaration is intended to respond to the factual circumstances in this case. We make no pronouncement on other situations where physician-assisted dying may be sought.
To be clear, the factual circumstances in Carter did not in any way involve persons seeking MAID who had an underlying mental health disorder. Is that correct?