The following article was written by Deborah Gyapong and published in the Canadian Catholic News under the title: Assisted Suicide exemption creates "exemption to murder." The bracketed word was edited to correct the quote.
OTTAWA - Groups opposing euthanasia have expressed alarm over a B.C. judge's recent ruling that allows Gloria Taylor, a B.C. woman dying of a degenerative nerve disorder, a constitutional exemption to an assisted suicide should her symptoms worsen in the next year.
Taylor, one of the plaintiffs in the controversial Carter case decided last June, had been granted the exemption when B.C. Supreme Court Justice Lynn Smith struck down Canada's laws against assisted suicide and euthanasia as unconstitutional on Charter grounds. Smith ruled the laws would be kept in force for a year so Parliament can react with new legislation, but allowed Taylor the exemption while the law is still in force.
In July, the federal government appealed the Carter decision, including the constitutional exemption.
On Aug. 10, B.C. Justice Jo-Ann Prowse, however, ruled removing the exemption would cause Taylor "irreparable harm" by taking away the solace and peace of mind of knowing she could obtain an assisted suicide and by removing her ability to have one before her symptoms became unbearable.
"The suggestion that denying Ms. Taylor the exemption would have caused her irreparable harm is absurd," said Catholic Organization for Life and Family (COLF) assistant director Peter Murphy. "Surely to kill or to facilitate killing is to do irreparable harm.
"Do we really want to live in country where individual judges hold the keys to life and death?" he asked. "The value of human life can never be measured by some subjective notion of its quality."
"It appears to me that judges are trying to make decisions that fit what they want rather than the law and judicial precedence," Schadenberg said. "They're writing their laws, their own script, and it's very concerning to me."
The Carter decision will be argued before the B.C. Court of Appeal March 4-8, 2013 and many have argued the constitutional exemption is an exception only for Taylor. But Schadenberg pointed out that others may seek exemptions under the principle of equality before the law.
"Other people who fit the criteria would have to be taken seriously," he said, noting he expected lawyers in the Ginette LeBlanc case to be argued in Quebec this December to ask for one. LeBlanc also suffers from ALS.
"Technically, the law has not changed. Euthanasia and assisted suicide are still completely illegal. Rodriquez is still upheld," Schadenberg said.
"But a judge is saying it is okay in this circumstance, the laws do not apply. It's not about Parliament, not about the Supreme Court, it's about a single judge. We're putting the power of life and death in the hands of a judge or a doctor."
Schadenberg said the federal Attorney General can appeal this latest ruling on the constitutional exemption and urged Canadians to let Justice Minister Rob Nicholson know they want him to do so.
Schadenberg said that [euthanasia] is the intentional killing of a human being.
"That's homicide," he said. "We are creating an exception to murder."