LWSO5001 Lecture Notes - Lecture 7: Fundamental Justice, Security Interest, Blood Transfusion
Document Summary
Life, liberty, security of the person bodily integrity, decisional autonomy 1178-1197, supplement 127-137. Rodriguez was terminally ill, suffering from lou gehrig"s disease. Although it wouldn"t affect her mind, it would affect her ability to control her body. Sought a declaration that she was entitled to assistance to suicide. Obstacle was s. 241(b) of criminal code, which makes it illegal to assist suicide. While it does infringe on the security interest of the appellant, any infringement is not contrary to the principles of fundamental justice. Her liberty and security of the person interests cannot be divorced from the sanctity of life, one of the three charter values protected by s. 7. All must be considered in determining the content of the principles of fundamental justice, and there is no basis for imposing a greater burden on propounder of one value as against that imposed on another.
