Section 7: Life, Liberty and Security of Person

1. Section 7: Life, Liberty and Security of Person

2. “Right to life, liberty, security of the person… except in accordance with the principles of fundamental justice.” Fundamental Justice = fairness based on the context of the situation

3. Life • Right to live and not be executed or tortured by the government • Supreme Court has interpreted this wildly: no capital punishment but abortion is okay

4. Liberty • Free to act and choose as you want • Fair and unbiased investigation by the police • Presumption of innocence towards the accused • Burden of proof rests with the Crown = Crown’s responsibility to prove • Fair trial with an unbiased & fair judge/jury

5. Security of the Person • Protects the “mental integrity/state” of the person • Ex: Abortion law struck down • Ex: Sue Rodriguez (dying from terminal disease and wanted to legally end her life)

6. Case Study: Sue Rodriguez

7. Sue Rodriguez: • 42 year old woman • suffering from debilitating (loss of energy & strength), terminal illness: Amyotrophic Lateral Sclerosis • suffered a great deal of physical pain and psychological stress • wanted to end her life with dignity, asked physicians to help assist her in committing suicide

8. However… • under the Criminal Code Section 241(b), it is a criminal offence to assist a person to commit suicide, so the British Columbia court denied her request for assisted suicide

9. She appealed to the Supreme Court of Canada stating that Criminal Code Section 241(b) was violating her Charter of Rights & Freedoms S. 7 (life, liberty and security), 12 (free from cruel and unusual treatment or punishment) and 15 (equality)

10. Court majority ruled that…

11. S. 7 (life, liberty and security): majority felt that the interests of the state were greater than those of the individual (Sue R.) because the state has fundamental interest in protecting human life; s.241(b) designed to protect the vulnerable who, in a moment of weakness, might be persuaded to commit suicide

12. s.12 (free from cruel and unusual treatment or punishment): under this section, the individual must be subjected to mistreatment from the state; but majority felt that the act of withholding assistance to her suicide wishes did not constitute as “cruel and unusual treatment” from the state

13. 15 (equality): Sue R. stated that s.241(b) discriminated against disabled person who are unable to commit suicide without assistance and that it deprived them of the right to choose suicide. Majority felt that if an exception was given (to certain groups of people such as disabled person), it would create inequality and would be showing support for the prohibited act of euthanasia

14. Final Decision was…

15. In a 5 to 4 decision, the Supreme Court of Canada did not allow the appeal and found s.241(b) to be constitutional.

16. Your task now is…..

17. Create a Law for: Assisted Suicide • In groups of 2 – 3 students • Create a law that allows people to legally receive assistance in ending their life • Include in your law: • A definition of who qualifies as someone who can receive help • Measures that will prevent people from being “talked into” ending their life • Who is qualified to “assist”? • Anything else your group believes is important