When justice minister Jody runs afoul of the legal mind of Joe Arvay. That's one thing. Regrettable, sure, but hey, it's Jody. When she refutes the wisdom of the top constitutional expert in Canada, Peter Hogg, Jody has one deep-seated, serious problem - herself.
The issue, of course, is the Carter decision of the Supreme Court of Canada and how much leeway justice minister Jody has to defy the Charter of Rights and Freedoms to whittle away the constitutional protections of severely afflicted Canadians.
Jody has sent a background paper to Canada's senators arguing that Trudeau's bill C-14 is "Charter proof." Jody is cleaving to the sophistry that the restrictions in C-14 are necessary if we're to avoid a stampede of people out to off themselves. Following the SCC decision, she maintains, would encourage suicide.
Josh Paterson, executive director of the British Columbia Civil Liberties Association, a plaintiff in the Carter case, said it doesn’t matter “how many new purposes they put in the bill or how many bells and whistles and safeguards they impose,” the legislation is unconstitutional because it maintains an absolute prohibition on assisted dying for all those who are not close to death.
Canada’s leading constitutional authority, Peter Hogg, last week noted that the top court specifically directed the government to enact legislation “consistent with the constitutional parameters” set out in the Carter decision. Excluding all those who are not terminally ill from the right to assisted dying is not consistent with Carter and will thus be inevitably struck down, he told a Senate committee.
We already have a highest court of the land and it's not Jody much as she might think otherwise.
Here's an idea. Why not just pass C-14 on condition that Jody agree to resign, not her portfolio but her seat in Parliament never to seek office again,
if when Canadian judges throw it out as unconstitutional?