The Canadian Charter Of Rights And Freedoms

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The right to life is considered a fundamental freedom of all citizens in society. For example, in section 7 of the Canadian Charter of Rights and Freedoms (the Charter), every Canadian is granted the right to “life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice” . However, this freedom rests on a delicate balance and has been contested in various situations to determine its scope. Originally, the preservation of life was considered as an absolute necessity and was therefore entrenched in Canadian constitutional law. However, recently this necessity has been questioned for its assumption that all individuals desire to live at all costs. Instead, the Courts have recognized that “in certain circumstances, an individual 's choice about the end of [their] life is entitled to respect” . As such, this paper will examine a legal case that exemplifies the changing societal beliefs, and will analyze the specifics of the law, paying close attention to the nature of the legal conflict, policy implications, and its contribution to the understanding of Canadian law. In the landmark case of dealing with assisted suicide in Canada, Carter v. Canada (Attorney General) , the Supreme Court of Canada (hereafter SCC) revisited the issue of assisted suicide and confirmed that Canadians have the constitutional right to choose physician-assisted suicide in certain situations. This case involves several
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