Section 7: Life, Liberty and Security of Person. “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. Life.
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Fundamental Justice = fairness based on the context of the situation
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)
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
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
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
In a 5 to 4 decision, the Supreme Court of Canada did not allow the appeal and found s.241(b) to be constitutional.