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In 1993 and 2015, a little more than 20 years apart, the Supreme Court of Canada ruling in Rodriguez and Carter made national headlines, the

In 1993 and 2015, a little more than 20 years apart, the Supreme Court of Canada ruling in Rodriguez and Carter made national headlines, the latest striking down a 21-year-old law declaring physician-assisted dying an indictable offence. This radical shift in the position of the highest tribunal of this nation is important as we seek to understand the role of the justice system in our democratic society.

Examine these two decisions and provide the following information:

  1. For each of those two decisions, present succinctly the main facts, explain the court's position (majority/minority judges) - ratio decidendi and dissidence. (10 points)
  2. Explain how the court's positions (majority/minority) illustrate the evolution of our society's values. (10 points)
  3. Which sections of the Criminal Code and Charter are relevant to the decisions of the SCC? Explain your answer. (5 points)
  4. Explain how the Oakes test was applied and the result of the test for each. (10 points)
  5. As you read and consider the following 2 opinions: (15 points)
  • Identify 2 opposing views on Carter's ruling and give two arguments for each of these views.
  • Which values are these views opposing? Explain.
  • Should the Supreme Court's views on questions such as the one debated in Carter and Rodriguez evolve as society evolves as well? Justify your personal answer with 2 solid arguments.

http://www.thecourt.ca/a-turn-in-tide-carter-versus-rodriguez/

https://nationalpost.com/opinion/alex-schadenberg-a-very-dangerous-euthanasia-ruling

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