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Supreme Court Law Review, Second Series, Volume 85

This Supreme Court Law Review volume, comprising 13 papers developed out of a national academic symposium held in September 2017, examines the social, ethical and legal implications of the Carter I and Carter II decisions and offers meaningful reflections to the many perplexing questions currently being asked about MAiD.
Publication Language: English
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$200.00
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ISBN/ISSN: 9780433497561

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As the country's highest appellate court, the Supreme Court of Canada produces the nation's most authoritative jurisprudence. Since its initial publication in 1980, the Supreme Court Law Review offers a thorough analysis of key decisions by the Supreme Court, while critically examining the soundness of those decisions. This highly regarded title remains one of the top annual publications in law libraries and institutions across Canada and worldwide.

Now in its second series, the Supreme Court Law Review publishes 4-5 times a year.

Physician-assisted dying, or "medical assistance in dying", as it is now known, was decriminalized in certain circumstances as a result of the Supreme Court of Canada's 2015 decision in Carter v. Canada (Attorney General) and implemented through Bill C-14 in 2016. This timely volume, comprising 13 papers developed out of a national academic symposium held in September 2017, examines the social, ethical and legal implications of the Carter I and Carter II decisions and offers meaningful reflections to the many perplexing questions currently being asked about MAiD.

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Table of contents

PART I:    CARTER'S IMPACT ON CANADIAN LEGAL DOCTRINE
  • Carter: A Stain on Canadian Jurisprudence? – Prof. John Keown
  • Carter and the Unsettling of Stare Decisis - Dr. Dwight Newman
  • The "Basic Bedford Rule" and Substantive Review of Criminal Law Prohibitions Under Section 7 of the Charter - John Sikkema

PART II:    CHARTER IMPLICATIONS FOR HEALTH CARE PROFESSIONALS AND INSTITUTIONS
  • Conscientious Objections to Medical Aid in Dying: Considering How to Manage Claims of Conscience in a Pluralistic Society - Prof. Mary Anne Waldron, Q.C.
  • The Call in Carter to Interpret Freedom of Conscience - Brian Bird
  • Autonomy, Complicity, and Conscience: Charter Implications of the ‘Duty to Refer' for Physician-Assisted Suicide – Derek Ross
  • The Right of Religious Hospitals to Refuse Physician-assisted Suicide – Barry Bussey

PART III:    THE FUTURE OF PALLIATIVE CARE IN CANADA AND SAFEGUARDS MOVING FORWARD
  • Endgame: Philosophical, Clinical and Legal Distinctions Between Palliative Care and Termination of Life – Prof. Mary J. Shariff
  • Establishing the Right to Palliative Care in Canada – David Baker
  • The Way Forward for Medical Aid in Dying: Protecting Deliberative Autonomy is Not Enough – Prof. Jonas-Sébastien Beaudry

PART IV:    CHARTER DIALOGUE AND THE CONSTITUTIONALITY OF CANADA'S MAID LEGISLATION
  • Dialogue on Death: Parliament and the Courts on Medically-Assisted Dying – Dr. Tom Bateman
  • Constitutional Aspects of Canada's New Medically-Assisted Dying Law – Prof. Hamish Stewart
  • Charter Scrutiny of Canada's MAiD Law and the Shifting Belgian and Dutch Euthanasia Landscape – Prof. Trudo Lemmens