Canadian Lawyer

OPINION opinion on assisted suicide was in 1993, although there is some evidence many supported it. Twenty years later, in Carter v. Canada (Attorney General), a case eerily similar to Rodriguez, the issue is making its way back to the top court. Today we know with greater certainty what the public thinks about assisted suicide. A 2010 Alberta poll found 77 per cent of respondents in favour. A 2011 cross-Canada poll by Forum reported 67 per cent favoured legalizing physician-assisted suicide of terminally ill patients. In a 2013 Québec poll, 86 per cent of respondents supported enacting legislation that allowed doctors to help some terminally ill patients end their lives. A 2013 Environics survey found 63 per cent of Canadians supported assisted suicide. And in June, the Québec government introduced a bill to legalize euthanasia. The Globe and Mail commented on the Québec bill, "the number of terminally ill people seeking help in ending lives that have become intolerable has grown from the voice of one lone woman to a chorus." Some commentators have suggested a Supreme Court dominated by conservatively inclined Harper appointments is unlikely to strike down the assisted suicide prohibition. This is likely wrong. Judges absorb the zeitgeist, like everybody else. Widely held opinions influence their decisions. A majority of Canadians favour assisted suicide. I'm guessing the opinion of Canadians on this issue will translate into a majority of judges on the Supreme Court striking down the prohibition. Public opinion will lead, and the judges will follow. Consider also prostitution. In June, the SCC heard the case of professional dominatrix Terri-Jean Bedford. Her lawyer, the redoubtable Alan Young, argued laws limiting the ability of sex-trade workers to protect themselves are contrary to s. 7 of the Charter. He asked the court to invalidate Criminal Code provisions that made it illegal to run a bawdy house, communicate for the purposes of prostitution, and live off the avails of prostitution. These laws, he argued, drove prostitutes onto the street and made their trade much more dangerous. The Supreme Court has an opportunity to fully legalize prostitution. Complex legal arguments, for and against, surround the issue. Legally, it's a toss-up. As with many issues of this kind, the court could respectably go either way. What does public opinion say about legalizing prostitution? Angus Reid polls in 2009 and 2010 revealed confusion on the question. Angus Reid reported: "Throughout the two surveys, around three-in-five men consistently voice support for decriminalization, brothels, and consensual prostitution. . . . Women, on the other hand, are only supportive of decriminalization in the interest of safety and essentially in situations where no person is being exploited." In the case of assisted suicide, the Supreme Court of Canada has a chance to follow public opinion. In the case of prostitution, it has an opportunity to lead public opinion. One thing is for sure: The court cannot ignore public opinion. Philip Slayton's latest book is Mighty Judgment: How the Supreme Court of Canada Runs Your Life. Follow him on Twitter @philipslayton. SPECIALIZATION IN BUSINESS LAW Classes Starting in September 2013 Part-time, Executive LLM program for corporate counsel and practising lawyers Information Sessions Thursday, February 2013 - 12:00pm to Thursday, September 26, 7th, 12:00 to 2:00pm 2:00pm Thursday, March 7th, - 12:10pm to Thursday, October 10, 20135:30 to 7:00pm 2:00pm U ofU of T FacultyLaw, FA3, Falconer Hall T Faculty of of Law, Faculty Lounge 8478 Queen's Park, Toronto Queen's Park, Toronto No registration required. Please feel free to drop in anytime during these hours. anytime during these hours. No registration required. Taught by U of T Faculty of Law professors, together with top international faculty from MIT-Sloan School of Management and expert practitioners. TIME: EVENT: For more information, call 416-978-1400 or visit: http://www.law.utoronto.ca/programs/GPLLM.html Supported by the Association of Corporate Counsel (ACC) - Ontario Chapter and in partnership with Carswell, a Thomson Reuters business. www.CANADIAN PLLM_CL_Sep_13.indd 1 L a w ye r m a g . c o m September 2013 19 13-08-12 9:42 AM

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