The two Quebecers suffering from incurable degenerative diseases who challenged the Quebec and Canadian laws for medical assistance in dying have won their case.
In a highly anticipated 187-page ruling on Wednesday, the Quebec Superior Court overturned the “reasonably foreseeable natural death” requirement of the Criminal Code, which prevents some people from accessing medical assistance in dying.
Some of the criteria of the Quebec act concerning end-of-life care were also overturned.
The two laws stating who is entitled to medical assistance in dying were deemed too restrictive by Justice Christine Baudouin.
Nicole Gladu and Jean Truchon took on the legal challenge. After they were declared ineligible for medical assistance in dying, they appeared before the court challenging criteria in both the provincial and federal legislation.
Baudouin ruled that the “reasonably foreseeable natural death” requirement of the Canadian Criminal Code and the “end of life” requirement of the End-of-Life Care Act violate the plaintiffs’ fundamental rights under the Canadian Charter of Rights and Freedoms.