Medical Assistance in Dying committee  Stereotyping is not a necessary component of the section 15 violation. Discrimination is defined as any imposition of a burden or denial of the benefit that reinforces, perpetuates, or exacerbates disadvantage. That is the test. Deciding whether that prima facie violation of sec

Medical Assistance in Dying committee  Sorry; I didn't get the full question.

Medical Assistance in Dying committee  This underscores that what is incurable, or grievous and irremediable, is going to be subject to different interpretations. When we think of incurability—and I'm thinking about the application of that as some kind of standard with respect to cancer—and we look at what has been

Medical Assistance in Dying committee  In my view, for example, in some of the section 15 jurisprudence that concerns when an infringement can be justified and what a less minimally infringing measure could be, the court has emphasized that the alternative need not be perfect—that looking for certainty when trying to

Medical Assistance in Dying committee  I think if the report included some specific consideration of the application of section 15 to the group of people who are seeking medical assistance in dying just on the basis of mental disorder and discussed—for example, drawing from some of the section 15 case law, such as the

Medical Assistance in Dying committee  I would not go as far as saying that the court has created a direction specific to MAID that states that a legislative approach, when it comes to mental disorder or any other condition, must be on a case-by-case basis. However, the section 15 jurisprudence recognizes that forms

Medical Assistance in Dying committee  One thing that comes across to me, and it came across in some of the prior panel's proceedings, is the distinction between some terms in the code as being legal language versus medical language, and how that affects the clarity of understanding of what those terms mean and what t

Medical Assistance in Dying committee  Thank you, Chair. By way of introduction, I'm a lawyer with a practice that includes human rights cases of provincial and national significance, including those that concern section 15, the equality provision of the charter. I was intervenor and co-counsel in the case of Ontari