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The case of Rodriguez v. BC is one that recently has been revisited and become more relevant today. The fight to legalize assisted suicide began with Sue Rodriguez when she tried to gain the right to end her life via physician assisted suicide in 1993. This case brought to light not only subsection 241(b) of the Criminal Code, which prohibits assisted suicide. This is also to do with the principle of fundamental justice based on the idea that assisted suicide is wrong on both moral and legal planes and if legalized, could potentially lead to wrongdoings . The reason this case is worth analyzing would be its current prevalence today. For the past 21 years, assisted suicide has been illegal, but recently, it has been decided that a new law will be passed stating that it is legal for Canadians to participate in physician assisted suicide. For this reason, it would be interesting to reexamine exactly why the court reached the decision it did for Sue Rodriguez when 21 years later the decision would have ruled in her favour. …show more content…
Ms Rodriguez, a 42-year-old woman suffering from amyotrophic lateral sclerosis, wished to have a physician assist her in ending her life before her ALS completely incapacitated her. Section 241(b) of the Criminal Code, however, makes assisted suicide a criminal offence which lead Sue Rodriguez to apply to the Supreme Court of British Columbia for an order saying that s. 241(b) was invalid under the Charter of Rights and Freedoms. Unfortunately, the B.C. court dismissed her application. Ms. Rodriguez then appealed to the Supreme Court of Canada, where her defence was arguing that s. 241(b) violates sections 7, 12, and 15 of the Charter (Rodriguez Case)
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
Dr. Glucksberg and 'Compassion in Dying' set their case saying that the ban against doctor-assisted suicide was violating the right patients right of due process and placed an unjustified burden on terminally ill patients who required help to stop suffering misery from the disease that plagued their body and/or mind.
Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).
In the late 1940’s and early 1950’s there were many issues that involved racial segregation with many different communities. A lot of people did not took a stand for these issues until they were addressed by other racial groups. Mendez vs Westminster and Brown vs The Board of Education, were related cases that had to take a stand to make a change. These two cases helped many people with different races to come together and be able to go to school even if a person was different than the rest.
In United States v. Alvarez, Xavier Alvarez claimed that he was a retired marine who had received the Congressional Medal of Honor in 1987 for being wounded repeatedly by the same person in combat. These claims were made in an attempt to have him gain more respect from his peers. The claim was that Alvarez had violated the Stolen Valor Act of 2005. The Stolen Valor Act of 2005 states that there are protections against claiming to have received some type of military honor, such as the Medal of Honor and other military decorations and awards (GovTrack). The Government stated that there was first amendment value applicable to Alvarez’s false statements, and that his statements caused harm to others. By making this statement, it was argued that the value of the award of Honor would drop and that this type of false speech falls under the same category as speaking falsely on behalf of the government or as a government official. However, since his statements were not made with the intention of financial benefits or special treatment, his false claims may not be illegal because they were made for the purpose of gaining respect.
There are many legal and ethical issues when discussing the topic of physician-assisted suicide (PAS). The legal issues are those regarding numerous court cases over the past few decades, the debate over how the 14th Amendment of the United States Constitution comes into play, and the legalization vs. illegalization of this practice. The 14th Amendment states, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. amend. XIV, §1). PAS in the past has been upheld as illegal due to the Equal Protection Clause of the 14th amendment of the constitution, but in recent years this same 14th amendment is also part of the reasoning for legalizing PAS, “nor shall any State deprive any person of…liberty” (U.S. Const. amend. XIV, §1). The ethical issues surrounding this topic include a patient’s autonomy and dignity and if PAS should be legalized everywhere. This paper is an analysis of the PAS debate and explores these different issues using a specific case that went to the supreme courts called Washington et al. v. Glucksberg et al.
However, the framework in practice is very complex, and has various inconsistencies, such as the legality of refusing treatment, the sovereignty of a living will and the issue of prosecuting those who assist someone to end their lives. There is evidence that shows doctors using palliative sedation as a means to facilitate death in patients that are in extreme pain and the use of limiting or even stopping treatment at the patient’s request is not uncommon. The difficulties of putting the law into practice make it extremely difficult for courts, legislators and doctors to reach clear decisions on individual cases. Therefore, the inconsistencies in the legal framework need to be addressed, as with these present the argument against legalising the right to die is weakened. Legalising assisted dying would simplify the framework and ensure that set barriers and safeguards could be created in order to protect the patient and his/her
Imagine, if you will, that you have just found out you have a terminal medical condition. Doesn’t matter which one, it’s terminal. Over the 6 months you have to live you experience unmeasurable amounts of pain, and when your free of your pain the medication you’re under renders you in an impaired sense of consciousness. Towards the 4th month, you begin to believe all this suffering is pointless, you are to die anyways, why not with a little dignity. You begin to consider Physician-Assisted Suicide (PAS). In this essay I will explain the ethical decisions and dilemmas one may face when deciding to accept the idea of Physician-Assisted Suicide. I will also provide factual information pertaining to the subject of PAS and testimony from some that advocate for legalization of PAS. PAS is not to be taken lightly. It is the decision to end one’s life with the aid of a medical physician. Merriam-Webster’s Dictionary states that PAS is “Suicide by a patient facilitated by means (as a drug prescription) or by information (as an indication of a lethal dosage) provided by a physician aware of the patient’s intent.” PAS is considered, by our textbook – Doing Ethics by Lewis Vaughn, an active voluntary form of euthanasia. There are other forms of euthanasia such as non-voluntary, involuntary, and passive. This essay is focusing on PAS, an active voluntary form of euthanasia. PAS is commonly known as “Dying/Death with Dignity.” The most recent publicized case of PAS is the case of Brittany Maynard. She was diagnosed with terminal brain cancer in California, where she lived. At the time California didn’t have Legislative right to allow Brittany the right to commit PAS so she was transported to Oregon where PAS is legal....
"The Rodriguez Case: A Review of the Supreme Court of Canada Decision on Assisted Suicide (BP349e)." The Rodriguez Case: A Review of the Supreme Court of Canada Decision on Assisted Suicide (BP349e). N.p., n.d. Web. 24 Feb. 2014.
In 1994, a student at Virginia Tech University, Christy Brzonkala, claimed that two other varsity football students, James Crawford and Antonio Morrison raped her. One year later in 1995, she filed a complaint against Morrison and Crawford under Virginia Tech's Sexual Assault Policy. Antonia Morrison was found guilty and he was immediately sentenced to be suspended for two semesters from Virginia Tech, but Crawford was not given any punishment. Then, due to an appeal, Morrison's punishment was set aside as well, because it was found to be excessive. After this happened, Christy Brzonkala dropped out of Virginia Tech. Right after, she decided to file a lawsuit against Morrison, Crawford, and Virginia Tech in Federal District Court. She alleged
The right to assisted suicide is a significant topic that concerns people all over the United States. The debates go back and forth about whether a dying patient has the right to die with the assistance of a physician. Some are against it because of religious and moral reasons. Others are for it because of their compassion and respect for the dying. Physicians are also divided on the issue. They differ where they place the line that separates relief from dying--and killing. For many the main concern with assisted suicide lies with the competence of the terminally ill. Many terminally ill patients who are in the final stages of their lives have requested doctors to aid them in exercising active euthanasia. It is sad to realize that these people are in great agony and that to them the only hope of bringing that agony to a halt is through assisted suicide.When people see the word euthanasia, they see the meaning of the word in two different lights. Euthanasia for some carries a negative connotation; it is the same as murder. For others, however, euthanasia is the act of putting someone to death painlessly, or allowing a person suffering from an incurable and painful disease or condition to die by withholding extreme medical measures. But after studying both sides of the issue, a compassionate individual must conclude that competent terminal patients should be given the right to assisted suicide in order to end their suffering, reduce the damaging financial effects of hospital care on their families, and preserve the individual right of people to determine their own fate.
This is a fascinating case because it presents the distinction between a patient’s right to refuse treatment and a physician’s assistance with suicide. Legally, Diane possessed the right to refuse treatment, but she would have faced a debilitating, painful death, so the issue of treatment would be a moot point. It would be moot in the sense that Diane seemed to refuse treatment because the odds were low, even if she survived she would spend significant periods of time in the hospital and in pain, and if she didn’t survive she would spend her last days in the hospital. If Diane were to merely refuse treatment and nothing else (as the law prescribes) than she would not have been able to avoid the death which she so dearly wanted to avoid.
... Association. 1998. “Euthanasia and Assisted Suicide.” Canadian Medical Association Board of Directors. Retrieved from http://www.cma.ca/index.php/ci_id/3214/la_id/1.htm on October 16th, 2010.
Thus, despite the arguments against euthanasia, patients’ lives should not be deprived of well-being, comfort or dignity. “In the last stage of life, every person is entitled to a high standard of care and a stable environment in which his or her privacy is respected” (Policy Options, 2013). A lot of the time, patients with terminal illnesses are thought of as ‘better off dead’ or ‘not the person they used to be’. This is all the more the reason why euthanasia should be legalized in Canada. The government should relax current laws and allow doctors to participate in assisted suicide if need be and are willing. If people suffering with terminal illnesses want to die peacefully and not endure painful procedures or live off machines whilst also helping society out money wise, the option should be available.
Smith, M. (2002, October 24). THE RODRIGUEZ CASE: A REVIEW OF THE SUPREME COURT OF CANADA DECISION ON ASSISTED SUICIDE.Government of Canada . Retrieved December 26, 2010, from dsp-psd.pwgsc.gc.ca/Collection-R/LoPBdP/BP/bp349-e.htm#B. Section 12(txt)