Friday, December 7, 2012

Rasouli Case to be Heard by Supreme Court of Canada on Monday

On Monday, the Supreme Court of Canada will hear oral arguments in Cutherbertson v. Rasouli.  

Interestingly, until 1949, Court’s non-criminal decisions could still be appealed to the Judicial Committee of the Privy Council in England.  The Court is now Canada’s ultimate court of appeal.  

This is the first time a nation's ultimate judicial tribunal has grappled with a medical futility case.  Even better, the issues are framed very crisply.  In typical futility cases, the core "Who Has the Right" question gets substantially obfuscated by legal framing into causation, procedural, and other issues.

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