The decision finds that physician - assisted suicide should be allowed where the request is being made by
a mentally competent person in the following circumstances:
In law, a normal person is
a mentally competent person, able to defend himself and to act as a witness or member of a jury.
A mentally competent person recognizes right from wrong, is well - oriented, and is able to stand trial or to serve as a witness.
The judge also found that the provisions violated s. 15 of the Charter by imposing a disproportionate impact on disabled,
mentally competent persons who are grievously and terminally ill from obtaining a medically assisted death.
Not exact matches
There is a call for more clarity from the courts and the government that a relative who helps a
mentally competent, terminally ill
person to die in dignity will not be committing a criminal offence, or that they will have a statutory defence.
In terms of minors or those who are
mentally incapacitated, the statute would be extended for one year until after the minor turns 18 or one year from the date the
mentally incapacitated
person becomes
competent.
Furthermore, in many countries, assisting in suicide is also considered a crime, even if the
person is fully
mentally competent.
(a) to recognise the right of a
mentally competent adult who is suffering intolerably from a terminal illness to request a medical practitioner to provide medical services that allows the
person to end his or her life peacefully, humanely and with dignity; and (b) to grant a medical practitioner who provides such services immunity from liability in civil, criminal and disciplinary proceedings.
She concluded that by prohibiting disabled,
mentally competent adult
persons suffering from grievous and irremediable disease who voluntarily seek medical assistance in ending their lives from obtaining such assistance, the impugned provisions amounted to a deprivation of the right to life, liberty and security of the
person in a manner contrary to the principles of fundamental justice.