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Consent to Withdrawal of Life Support: What the Supreme Court Said in Cuthbertson and Rubenfeld v. Rasouli

Mark Handelman, Firm Counsel, Whaley Estate Litigation has written a paper reviewing the recent Supreme Court decision in the Rasouli case entitled “Consent to Withdrawal of Life Support: What the Supreme Court Said in Cuthbertson and Rubenfeld v. Rasouli.”

Brief excerpt:

“It may be necessary to hang a man or pull down a house. But we take good care not to make the hangman and the housebreaker the judges of that. If we did, then no neck would be safe and no house stable.”

George Bernard Shaw The Doctor’s Dilemma

Introduction

When Mr. Shaw wrote that a hundred years ago, it would not have occurred to him that his precise question would be before Canada’s Supreme Court, with a life [or death] hanging in the balance. Those were the stakes when the Court heard Cuthbertson and Rubenfeld v. Rasouli on December 10, 2012. The Judgment was released October 18th, 2013.

Click here to download Mark’s paper (PDF, 30 pages)

Disclosure: Mark Handelman litigated or adjudicated some of the cases referred to and was co-counsel to the Intervener when this case was in the Court of Appeal.

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