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Justice committee Absolutely not.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee It would certainly improve it substantially, but in order to ensure its constitutionality, I would remove the entire definition, because it undermines the clear definition, the clear declaration in the Carter decision. The reference to “incurable” is problematic. The reference to
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee I can't.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee Obviously I have no idea who is advising the government and what's motivating the government, but to be very candid about this, I'm dismayed that I have to be here. We fought a very long, hard, expensive battle on this issue, and we were successful. For reasons that just baffle m
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee I don't really have much of a comment on that point. I'm sorry.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee Yes.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee I agree with that.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee It would be a perverse outcome not only of Carter but of this bill. This person Tony Nicklinson who I mentioned, actually brought his own case in England, and he was unsuccessful there. He ended up starving himself to death. As anybody who knows anything about starving yourself t
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee I do.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee The answer is no. First of all, it's interesting that although the trial judge in the Carter case used language that was somewhat similar to “an advanced state of irreversible decline”, she used the language to say that the person had to be in an advanced state of weakening cap
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee It should be gone anyway, but obviously, if I had to choose between the reasonable foreseeability clause and the “advanced state of irreversible decline” clause, I definitely want you to get rid of the reasonable foreseeability clause. If the advanced state of irreversible declin
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee It's just “Mr.” Arvay.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee Mr. Nicholson, I appreciate the question, and quite frankly, those portions of the bill are not something I've put my mind to. I've come here to deal with the definition of “grievous and irremediable”.
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee Yes, I appreciate that. I can say this, though. Certainly when we argued the Carter case, it was our position that no doctor should be forced to provide physician-assisted dying, and the Supreme Court of Canada accepted that. Beyond that I'm not prepared to answer that questio
May 5th, 2016Committee meeting
Joseph Arvay
Justice committee Thank you, Mr. Chair and members of the committee, for allowing me to appear before you today. As the chair indicated, I was the lead counsel in Carter. In that context, I think I probably know better than anybody what this case is about and what it stands for, because I was inv
May 5th, 2016Committee meeting
Joseph Arvay