POLI 324 Lecture Notes - Lecture 13: Premiership Of Stephen Harper, Fundamental Justice, Section 33 Of The Canadian Charter Of Rights And Freedoms

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POLI324
Class November 15th
Medical Assistance in Dying
Bill C-14
There was one problem in the insight decision, the court found that section 56 was constitutional. But
they found the ministers discretion was not used in a constitutional way. The remedy was 2 part:
1 ordered the minister of health a continued issue
2 court suggest guidelines that should be followed when the minister reviews the application. The court
did’t put a tie frae—weak remedy
It took nearly four years to respond for the parliament.
What we can evaluate, Mathew halls of court as implementer, that when the court renders an
unpopular ruling, then the possibility of non-compliance is there.
It also comes out in the elections platforms
The legislative response is more important than the decision.
Medical Assistance in Dying
The rodriguez (1993) decision and the carter decision, these are the landmark decisions.
The current chief justice wrote the courts decision in carter v. canada. But in rodriguez v. canada,
Beverly McLachlan offered the minority decision . you can see as an example of strong-form judicial
review.
Rodriguez involve a challenge to section 241 of the Criminal code, argued to be incompatible with
section 7. The court found that section 241 is constitutional, and that decision endures until 2015 when
carter v. canada in now a unanimous opinion, that section 241 in fact was unconstitutional. The court
and its position on an issue remains constant. The court review a precedent.
We’ll look at the deisio ad  resposes eause this issue ioled hat the harper goeret ad
the Trudeau government.
In carter 2015, section 241 was declared unconstitutional and the court delayed its decision for a year.
Criminal code provision that prohibited , and the provision of the criminal code was section 241. The
prohibition, was anyone counciling a person to commit suicide and you cannot assist a person to suicide.
Then the individual is guilty , and Is liable for jail.
What does this really mean is the following. It is legal to commit suicide, its legal to attempt suicide it is
illegal to assist or council.
Context in Rodriguez
- An individual of a rapidly deteriorating illness and wanted help to end her life.
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Document Summary

There was one problem in the insight decision, the court found that section 56 was constitutional. But they found the ministers discretion was not used in a constitutional way. 1 ordered the minister of health a continued issue. 2 court suggest guidelines that should be followed when the minister reviews the application. The court did(cid:374)"t put a ti(cid:373)e fra(cid:373)e weak remedy. It took nearly four years to respond for the parliament. What we can evaluate, mathew halls of court as implementer, that when the court renders an unpopular ruling, then the possibility of non-compliance is there. It also comes out in the elections platforms. The legislative response is more important than the decision. The rodriguez (1993) decision and the carter decision, these are the landmark decisions. The current chief justice wrote the courts decision in carter v. canada. Beverly mclachlan offered the minority decision . you can see as an example of strong-form judicial review.

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