The interpretation of assisted death under Section Seven of the Canadian Charter

This study explores the evolution of the Supreme Court of Canada’s (SCC’s) interpretation of s. 7 of the Canadian Charter of Rights and Freedoms. Considering that s. 7 of the Charter is one of the most expansive and influential portions of the purposive document, understanding the ways in which the interpretation of the section has changed throughout time, is quite valuable. The fact that even the supreme law of Canada can be understood and applied differently over time, is vital to understand. It then becomes possible to theorize and comprehend how interpretations may change in the future for s. 7, and for other portions of the Charter as well. The study begins by examining first, the judicial history of cases pertaining to the matter of assisted death in Canada. Dissecting the changed s. 7 interpretations found in the relevant cases, the study moves to then examine future implications that are significant to the matter of physician assisted death (PAD) in Canada. Speculations are provided on the future of the legislation surrounding medical assistance in dying (MAID), and on how the societal and judicial understanding of s. 7 and MAID are likely to change and further evolve.