Criminal Code Amendments following Trudeau Election Win

screen320x480Lawyer Michael Mulligan on CFAX 1070 – Legally Speaking with Pamela McCall – discussing changes to the Criminal Code that can be expected following Mr. Trudeau’s election win. Changes to legalize marijuana and to reduce the use of mandatory minimum jail sentences are both expected. Several other issues will also need to be addressed shortly.

In February of 2015 the Supreme Court of Canada struck down the Criminal Code sections that completely prohibited doctor assisted suicide. The court delayed the effect of the decision for 12 months in order to permit the federal government time to introduce new, more limited, restrictions on doctor assisted suicide if so desired. The new Liberal government will need to decide whether to introduce new legislation or, instead, leave it to the medical profession to implement the Supreme Court of Canada decision.

The unanimous Supreme Court of Canada decision with respect to doctor assisted suicide began as follows:

It is a crime in Canada to assist another person in ending her own life. As a result, people who are grievously and irremediably ill cannot seek a physician’s assistance in dying and may be condemned to a life of severe and intolerable suffering. A person facing this prospect has two options: she can take her own life prematurely, often by violent or dangerous means, or she can suffer until she dies from natural causes. The choice is cruel.

The full Supreme Court of Canada decision in Carter v. Canada (Attorney General) can be found here.

Michael Mulligan New head b&wVictoria Lawyer Michael Mulligan on Legally Speaking – live on CFAX 1070 Thursdays at 11:00am.