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In the latest decision in Carter v. Canada (2016 SCC 4), issued January 15, 2016, the Supreme Court granted a four month extension of the suspension of constitutional invalidity of the Criminal Code provisions prohibiting physician-assisted death. The court at the same time ordered that individuals seeking the right to physician-assisted death in the interim be allowed to bring applications to the Superior Court for that relief.
On January 29, 2016, the Superior Court issued a Practice Direction providing guidance to counsel and parties who intend to bring applications to the Superior Court for an exemption to the Criminal Code prohibition. The Practice Advisory, available here, contains information on how an application should be commenced, the type and form of evidence to be presented, who must be served, and the orders available to a judge hearing the application.
