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Record W2305078174

Supreme Court of Canada Orders Legalization of Physician Assisted Suicide and Euthanasia Carter v. Canada (Attorney General) 2015 SCC 5

2016· article· en· W2305078174 on OpenAlexaboutno aff
Sean T. Murphy

Bibliographic record

VenueSSRN Electronic Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsSupreme courtLawHomicidePolitical scienceLegislationAssisted suicideMedicineSuicide preventionPoison controlMedical emergency
DOInot available

Abstract

fetched live from OpenAlex

In February, 2015, the Supreme Court of Canada struck down the criminal law to the extent that it prohibits physician assisted suicide and euthanasia in circumstances defined by the Court. However, Carter did not entirely strike down murder and assisted suicide laws. They were invalidated only to the extent that they prevent homicide and assisted suicide by physicians adhering to the Court’s guidelines. Even with legislation - but particularly without it - it is difficult to see how physicians who are parties to homicide and suicide can entirely avoid some uncertainty about the legal status of their actions. While the Carter ruling means that the state cannot prevent qualified patients from obtaining therapeutic homicide and suicide from physicians, it also means that physicians who fail to follow the Carter guidelines can be charged for first or second degree murder, or manslaughter, or administering a noxious substance. In addition, anyone who deliberately participates in or facilitates euthanasia or assisted suicide by “effective referral” or similar means is liable to be charged unless the act is exempted by Carter from prosecution. The Court limited its ruling to the facts of the Carter case, but left open the possibility of further expansion of the law. It is highly likely that the parameters set by the Court in Carter will be expanded stature law or litigation. With respect to physicians who object to euthanasia or assisted suicide for reasons of conscience, the ruling itself is limited to the constitutional validity of the criminal law. The Court explicitly acknowledged that it does not impose a legal duty to provide or participate in the procedures. The Court’s stated that “the Charter rights of patients and physicians will need to be reconciled,” but this is not a warrant for the suppression of freedom of conscience and religion among health care workers. The Charter right of patients clearly established by Carter is a legal right not to be impeded or obstructed by the state in seeking euthanasia and assisted suicide in accordance with the Court’s guidelines from willing physicians. The Charter right of physicians clearly established by Carter is their legal right not to be to impeded or obstructed by the state in providing euthanasia and assisted suicide in accordance with the Court’s guidelines. Any additional rights claims are derived by reading into the ruling what the judges either did not address, or purposefully and expressly left out.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.299
Threshold uncertainty score0.993

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.019
GPT teacher head0.278
Teacher spread0.259 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2016
Admission routes1
Has abstractyes

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