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Canadian Quebec's top court upholds law of doctor-assisted death

Xinhua, December 23, 2015 Adjust font size:

Canadian Quebec's top court ruled Tuesday that Quebec Province could proceed with its law of doctor-assisted death because the Criminal Code provisions banning doctor-assisted death were invalid, according to the Canadian Broadcasting Company Tuesday.

The Quebec Court of Appeal Tuesday overturned a lower court decision of suspending the implementation of the province's doctor-assisted death legislation.

A superior court justice ruled last month it contravened Section 14 of the Criminal Code, which states people cannot consent to having death inflicted on them.

The Supreme Court of Canada ruled the federal law banning assisted death unconstitutional last February, but suspended its decision for one year to give the government time to create a new law.

There was no doubt that the articles of the Criminal Code regarding medical assisted-death were constitutionally invalid, the appeals court said in its ruling.

It made exemptions to those Criminal Code provisions possible under certain circumstances and meant the Quebec law was constitutional, the court added.

Quebec's medical assisted-death law outlines how terminally ill patients can end their lives with medical assistance and was adopted by Quebec assembly in June 2014. It officially became law on Dec. 10 this year.

The federal Liberal government is seeking a six-month extension on the Supreme Court's deadline which, if granted, will give it until next August to come up with new constitutional euthanasia legislation.

The Supreme Court will hold an oral hearing on Jan. 11 as it considers whether to green-light Ottawa's request for the extension.

The appeals court Tuesday said Quebec's assisted-death law filled a judicial void by allowing patients to exercise their rights granted to them by the Supreme Court.

The Supreme Court ruled that prohibiting terminally ill people from having access to doctor-assisted death deprived them of their fundamental right to life, liberty and security of the person.

Quebec is the first province in Canada to pass such a law, arguing it is an extension of end-of-life care and thus a health issue, which falls under provincial jurisdiction. Endi