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2014 Terminal Care, Terminal Justice: The uprS eme Court of and Sue Rodriguez Roxanne Mykitiuk Osgoode Hall Law School of York University, [email protected]

Jeremy Paltiel

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Recommended Citation Mykitiuk, Roxanne and Paltiel, Jeremy, "Terminal Care, Terminal Justice: The uS preme Court of Canada and Sue Rodriguez" (2014). Osgoode Legal Studies Research Paper Series. 35. http://digitalcommons.osgoode.yorku.ca/olsrps/35

This Article is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Legal Studies Research Paper Series by an authorized administrator of Osgoode Digital Commons. OSGOODE HALL LAW SCHOOL LEGAL STUDIES RESEARCH PAPER SERIES

Research Paper No. 24 Vol. 10/ Issue. 07/ (2014)

Terminal Care, Terminal Justice: The and Sue Rodriguez Mykitiuk, R., & Paltiel, J. (1994). Terminal Care, Terminal Justice: The Supreme Court of Canada and Sue Rodriguez. Constitutional Forum, 5(2), 38-42.

Roxanne Mykitiuk Jeremy Paltiel

Editors: François Tanguay-Renaud (Osgoode Hall Law School, ; Associate Professor and Director of the Jack & Mae Nathanson Centre on Transnational Human Rights, Crime and Security - Editor-in-Chief) James Singh (Osgoode Hall Law School, Toronto – Production Editor)

This paper can be downloaded free of charge from: http://ssrn.com/abstract=2456697

Further Information and a collection of publications about Osgoode Hall Law School Legal Studies Research Paper Series can be found at: http://papers.ssrn.com/sol3/JELJOUR_Results.cfm?form_name=journalbrowse&journal_id=722488 Osgoode Legal Studies Research Paper No. 24 Vol. 10/ Issue. 07/ (2014)

Terminal Care, Terminal Justice: The Supreme Court of Canada and Sue Rodriguez Mykitiuk, R., & Paltiel, J. (1994). Terminal Care, Terminal Justice: The Supreme Court of Canada and Sue Rodriguez. Constitutional Forum, 5(2), 38-42.

Roxanne Mykitiuk Jeremy Paltiel

Abstract: On February 12, 1994, Sue Rodriguez ended her life. According to her friend and supporter, M.P. , who was present at her death, she was assisted by an anonymous physician who attended at her home and helped her accomplish the manner of death she had publicly declared she wanted. She controlled - to the extent that someone with a relentless, intractable condition could - the circumstances, timing and manner of her death. Sue Rodriguez achieved in her death what she could not persuade the Supreme Court of Canada to do during her lifetime. By placing the manner of her death on the public record, she forcefully demonstrated that death is indeed part of life. Bearing witness to her own cause, she preserved the power to take an initiative with her life by determining the time and manner of her death.

Keywords: Supreme Court, Canada, physician-, Criminal Code

Author(s): Roxanne Mykitiuk Associate Professor Osgoode Hall Law School York University, Toronto E: [email protected]

Jeremy Paltiel Carleton University E: [email protected]