Preview

Rodgriguez vs British Columbia

Better Essays
Open Document
Open Document
1166 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Rodgriguez vs British Columbia
November 4, 2006

Hon. Justice John Sopinka
Supreme Court of Canada
301 Wellington St.
Ottawa, Ontario
K1A OJ1

Re: Rodriguez v. British Columbia (Attorney General)

As the majority writer in the case of Rodriguez v. British Columbia, you are well aware that this case has and will become a case that will be infamous with ethics vs. the law. You are well aware of the facts and I need not to reiterate them to you. I write to you in response to the courts final decision that was rendered on September 30, 1993. Sue Rodriguez was denied her appeal that section 241(b) of the criminal code violated sections 7, 12 and 15(1) of the Canadian Charter of Rights and Freedoms (Rodriguez, 1). It is undoubtedly a verdict that used basic ethical decision making principles and theory to deny Sue Rodriguez her rights.

It is obvious why this case and especially its verdict has caused such an uproar with ethicists and society. The ethical dilemma presented in this case is whether Canadian law has the authority to prohibit Sue Rodriguez the right to pursue physician assisted suicide as a way to end her life.

The most prominent ethical principle that was used against Sue Rodriguez was Respect for Persons. This ethical principal states "individuals should be treated as autonomous agents, and persons with diminished autonomy are entitled to protection" (Levine, XXII). Sue Rodriguez in this case was simply exercising her right to autonomy. When diagnosed and given her grim prognosis she was informed of her range of options and the devastating painful outcome of death, which is one the key factors of this ethical principle. The person must be given all the necessary information in order for them to be able to make an ethical decision. Sue Rodriguez was simply trying to control the manner in which she died. The court room argued she was of diminished autonomy and that another party must look out for her best interests. Sue Rodriguez was in control of her mind and actions,



Cited: CBC, News Online. Indepth: Assisted Suicide. CBC News Online, 2004. 1-4. 1 Nov. 2006 . "John Sopinka." Wikipedia. Wikepedia, 2006. 3 Nov. 2006 . Levine, Carole. Taking Sides:Clashing Views on Controversial Bioethical Issues. 11th ed. McGraw-Hill, 2006. "Rodriguez V. British Columbia (Attorney General)." Wikipedia. 2006. 2 Nov. 2006 Seguin, Marilynne. A Gentle Death. How Does the Law Stand in Canada. 3 Nov. 2006 .

You May Also Find These Documents Helpful

  • Good Essays

    emphasizing patient autonomy in bioethics and law. It is argued that the decision to end one’s life…

    • 718 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The respondent Andrews, a British subject permanently resident in Canada. Andrews met all the requirements for the admission to the British Columbia Bar except for Canadian Citizenship, section 42(a) of Barrister and Solicitors Act. He commenced legal action for a declaration that the requirement violated section 15(1) Of the Canadian charter of rights and freedoms; this was dismissed at the trial but allowed on the appeal. The appellants, the Law society of British Columbia and Attorney General of British Columbia, appealed against this declaration that the requirement for Canadian Citizenship infringes the section 15(1) of the Canadian charter of rights and freedoms.…

    • 1016 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The infamous “Terri Schaivo case” was one of ethical vs. medical consideration, and how those decisions made impacted how human euthanasia is currently viewed. From a healthcare provider’s perspective, we will be reviewing this topic and its related ethical implications, laws regarding this topic, and the stakeholders involved in the case. While the Schaivo case is reviewed here, we will also discuss the impact it has had on social values, morals, norms, and nursing practice as we attempt to explore the impact this trial has had on…

    • 1129 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    The rights and freedoms of every Canadian individual are upheld and fought for through the effectiveness in the Supreme Court. When cases make its way up to the Supreme Court it’s their duty to decipher the right and just judgment, making sure the individual's rights and freedoms have not been infringed upon. The court's effectiveness is able to balance the of the individual needs against society's, ensuring fair treatment of judgment at the last and highest court.…

    • 577 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Earl Jones Ponzi Scheme

    • 1183 Words
    • 5 Pages

    Andrew, C. B. (2010). Canada update-highlights of major legal news and significant court cases from january 2010 through april 2010. Law and Business Review of the Americas, 16(3), 603-612. Retrieved from http://search.proquest.com/docview/759759421?accountid=3455…

    • 1183 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The major claim of this editorial, is that legalized doctor-assisted suicide is euthanasia. We are asking for the right to decide though the court system, if an individual’s life is valuable or not. Some may claim we are just hiding or heartless nature and corrupt moral standards to justify our actions.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Better Essays

    "'Death with dignity' laws offer compassionate option." USA Today 21 Oct. 2015: 07A. Opposing Viewpoints in Context. Web. 13 June 2016.…

    • 1342 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Sue Rodriguez

    • 1319 Words
    • 6 Pages

    Sue Rodriguez, once a woman who was lively and healthy women much like the rest of us was given the horrible news that she had amyotrophic lateral sclerosis in early 1991 changing her life tremendously. Little did she know her fight for equality of life would create a milestone in Canadian Law. Sue Rodriguez fought long and hard to demand the right to assisted suicide, which at the time was illegal under the Criminal Code of Canada, being a punishable act for up to a maximum sentence of 14 years in prison. Ms. Rodriguez argued that Section 241 (b) of the Criminal Code (which prohibits assisted suicide) violated her constitutional right to life, liberty and security of the person under S. 7 of the Canadian Charter of Rights and Freedoms. Unfortunately both the British Columbia Supreme Court and the British Columbia Court of Appeal dismissed her application. Sue Rodriguez at her final attempt of trying to grant herself the right to assisted suicide appealed to the Supreme Court of Canada, the verdict resulting in a five to four decision with the Supreme Court of Canada dismissing her appeal. In 1994, Ms. Rodriguez decided to take matters into her own hands, with the help of an anonymous physician Sue Rodriguez ended her life.…

    • 1319 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Rapid and dramatic developments in medicine and technology have given us the power to save more lives than was ever possible in the past. Medicine has put at our disposal the means to cure or to reduce the suffering of people afflicted with diseases that were once fatal or painful. At the same time, however, medical technology has given us the power to sustain the lives (or, some would say, prolong the deaths) of patients whose physical and mental capabilities cannot be restored, whose degenerating conditions cannot be reversed, and whose pain cannot be eliminated. As medicine struggles to pull more and more people away from the edge of death, the plea that tortured, deteriorated lives be mercifully ended grows louder and more frequent. Californians are now being asked to support an initiative, entitled the Humane and Dignified Death Act, that would allow a physician to end the life of a terminally ill patient upon the request of the patient, pursuant to properly executed legal documents. Under present law, suicide is not a crime, but assisting in suicide is. Whether or not we as a society should pass laws sanctioning "assisted suicide" has generated intense moral controversy.…

    • 877 Words
    • 3 Pages
    Good Essays
  • Better Essays

    New technological advances allow for patients to stay alive in situations that they normally could not survive. This causes an increasingly problematic conflict between medical and legal systems. The Uniform Declaration of Death Act allows for a somewhat reliable definition for death in both systems. However, some situations still challenge the universally accepted definition of death. Lia’s situation is a perfect example of how a medical definition of death conflicts with legal conditions. Lia’s complex medical situation showcases how death challenges both the medical and legal systems in America, making it very difficult to offer a concrete definition.…

    • 979 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Physician assisted suicide is a highly controversial ethical dilemma that is receiving a lot of press in society recently. The issue is an emotional debate whether a terminally ill or disabled person has the right to end their existence with the support of their physician, which affects not just the patient, but their families and health care providers. Physician assisted suicide has legal ramifications as well. One argument in favor of Physician assisted suicide alludes to that the patient has the right to end their life with dignity. An opposing argument is if a physician participates in assisted suicide this goes against the “American Medical Association (AMA) Code of Ethics”. A physician and nurse are respected within the community to…

    • 1996 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Most people would agree that the right of a competent, terminally ill person to avoid any unnecessary excruciating pain seems as though it should be a basic human right. To have someone go through more suffering than absolutely necessary seems as though it would fall under the description of an inhumane act, and frankly an injustice against the basic human right of bodily autonomy and integrity. Due to these almost undeniable arguments, physician assisted suicide, in many cases, is seen as a basic human right that we need to be granted access to. Activists argue that it is simply an additional choice that we will be able to make, and that it will surely never be pushed onto anybody or used sinisterly (Maynard 2014). Although this claim is something that we cannot be entirely sure of, as I have continued to research the pros and cons behind physician assisted suicide, I have come to the conclusion that in many cases it truly does seem that the legalization of physician assisted suicide is the best option for everyone involved. It is a means to cease any unnecessary suffering that a person may be going though, and provides a sense of comfort for them during a time in their lives where they are not given many choices besides to deal with what they are going through and try to survive. Additionally, with many of the extreme medical advancements of the 20t century, our goals have been clouded by the quest to…

    • 1407 Words
    • 6 Pages
    Good Essays
  • Best Essays

    The debate on assisted suicide in Canada is very controversial among groups who believe that these laws are taking away patient’s right to make a decision about their life while suffering from severe pain or a “right to die”. An example of assisted suicide is the case of Sue Rodriguez, where she was suffering from amyotrophic lateral sclerosis that was leading to total loss of physical control and dependence on a respirator. She wanted to maintain as much control over her own dying and death as possible and this is why she applied in Supreme Court to get permission for assisted suicide (Sneddon, 2006). But the Supreme Court rejected her request and ignored the fact that this prohibition discriminates against those who can not commit suicide without assistance and they are prevented by law from doing something that physically able are permitted to do. These laws might serve the goal of equality of autonomy but on the other side comes at the rate of being unfair. Such regulations prohibit the rights of competent vulnerable, disabled, and terminally ill people who are well aware of their situation that they will never get back to their healthy life and request to end life. From moral perspective, they face injustice by not getting the right to control their life. Making assisted suicide legalized will provide them justice and they will…

    • 2855 Words
    • 12 Pages
    Best Essays
  • Better Essays

    In R v. Latimer, Robert Latimer's daughter Tracy was in excruciating pain, underwent several serious operations, had the mental capacity of a four month old infant, and suffered a variety of other ailments. He believed that he was justified in killing his daughter, because in death she would experience no pain, and therefore it was a more positive alternative to her life. In the case of Sue Rodriguez, her life was in a state of slow deterioration, and by the time she deemed there was no more quality in it, she would be unable to commit suicide. Consequently, she pursued the legalization of Assisted Suicide. In her eyes, not to do so violated her Right to Security of Person under s. 7 of the Canadian Charter of Rights and Freedoms. Examining these cases and the public reactions to them helps to shed light on the controversial topic of Euthanasia.…

    • 1263 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Euthanasia

    • 1280 Words
    • 6 Pages

    In recent years euthanasia has become a heated debate. Euthanasia has Greek roots as a “good death.” Euthanasia has many definitions. Euthanasia is considered to be voluntary when it takes place in accordance with the wishes of a competent individual. Nonvoluntary euthanasia is done without knowledge of the patients’ wishes either because the patient has always been incompetent, is now incompetent, or has left no Advanced Directive. Involuntary euthanasia is done against the wishes of the competent individual or against the wishes expressed in a valid Advanced Directive. Assisted suicide is usually defined as a specific situation in which there is a suicide, that is, an act of killing oneself intentionally. Physician assisted suicide is when the individual is given a lethal drug which they can use to kill themselves whenever they choose. Although the definitions may seem clear, there is much confusion about the words used to describe euthanasia and other actions that result in hastening death. Three states, Montana, Oregon, and Washington, have legalized euthanasia. My argument is euthanasia should be legalized in all fifty states.…

    • 1280 Words
    • 6 Pages
    Powerful Essays