VANCOUVER — The federal government on Wednesday sought to dismiss a lawsuit by a group seeking a constitutional challenge of Canada's law that makes it illegal to assist a suicide.
The New Westminster, B.C.-based Farewell Foundation and five representative plaintiffs claim the law, which carries a maximum penalty of up to 14 years in prison, violates their right to end their lives with dignity in the future.
Donnaree Nygard, the lawyer representing the federal attorney general, argued that the plaintiffs cannot come before the court on a hypothetical situation.
"The plaintiffs have no private interest standing of their own," Nygard told B.C. Supreme Court Justice Lynn Smith.
If the plaintiffs were charged with assisting a suicide, they would have standing to argue a constitutional challenge, she said.
Nygard added the plaintiffs have failed to provide a factual foundation to show they are sufficiently affected or prejudiced by the assisted suicide law.
The Farewell Foundation filed its legal action after it applied to the registrar of companies in B.C. to become a non-profit society.
But its application was rejected because its stated purpose is to assist people to commit suicide.
The foundation launched an appeal of that decision, which was heard a day earlier by Justice Smith.
At the same time, the foundation filed a civil lawsuit against the federal government, claiming the law violates the Charter rights of its members.
Some of Farewell Foundation's 117 members have a terminal illness.
No matter what Smith rules, one side is expected to appeal and the case will likely end up in the Supreme Court of Canada.
The top appeal court ruled in a split decision in 1993 to uphold the law making it illegal to assist a person to commit suicide.
That case involved a B.C. woman, Sue Rodriguez, who was terminally ill and eventually ended her life.
Opinion polls in recent years have found the majority of Canadians are in favour of euthanasia in certain circumstances.
Since the Rodriguez case, a number of countries, including Belgium and the Netherlands, have passed legislation to allow assisted suicide.
Washington State and Oregon have also passed legislation to allow assisted suicide.
Farewell Foundation has proposed adopting a Swiss model of assisted suicide in order to protect the vulnerable, provide procedural safeguards and allow people to make informed choices.
Lawyer Jason Gratl, representing the Farewell Foundation, told the judge that assisted suicide is already taking place in Canada.
"It's clandestine, secretive, it's not transparent or accountable," he argued in court.
"The Farewell Foundation hopes to rectify this situation," he added.
The B.C. Civil Liberties Association has also launched a legal challenge of the assisted suicide law, taking the position that a person deciding to end his or her life should be assisted by a doctor.
The Farewell Foundation wants to provide a place, called Farewell House, where a person can go to make an informed decision to end their life.
Read more: http://www.vancouversun.com/news/Federal+government+seeks+dismiss+challenge+assisted+suicide/5200869/story.html#ixzz1U2ZGp9sZ
