The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50805
REGIONAL WRAP-UP GRATL LAUNCHES RIGHT-TO-DIE GROUP CHALLENGES V ancouver lawyer Jason Gratl has filed papers with the British Columbia Corporate Registry on behalf of the Farewell Foundation, an organization to assist people wanting to commit suicide. He has also asked the registrar to rule on a constitutional challenge of s. 241(b) of the Criminal Code, which prohibits suicide. "It's a novel approach," says Gratl, a private practi- tioner, University of British Columbia adjunct law professor, and a director of the B.C. Civil Liberties Association. "It is an approach that provides private interests rather than public interest." Gratl says the challenge, which attempts to incorporate the first such group in Canada, is also expect- ed to continue that set out by Sue Rodriguez, the Victoria woman who failed in 1993 to convince the Supreme Court of Canada to allow her assistance in ending her life. She subsequently committed suicide with the help of an anonymous physician. "Constitutional notice has also been given to the attorney general of B.C. and Canada," says Gratl. He says it was his involvement with teaching and the BCCLA that brought him into contact with Russel Ogden, one of the foundation's five founding members and a criminology professor at Kwantlen Polytechnic University in Surrey, B.C. Ogden has studied right- to-die and assisted-suicide issues for 20 years. In a Feb. 20 affidavit, Ogden said it was his experience based on "personal observation of assisted Details of the Charter challenges to s. 242(b) of the Criminal Code are out- lined on the Farewell Foundation's web site at suicides and interaction with person prior to suicide" that the option of assistance played no role in inducing the decision to commit suicide. The first Charter of Rights chal- lenge takes issue with s. 7 and the threat of potential incarceration to those Farewell members who attempt SENIOR LAWYERS SHOULDN'T SELF-COUNSEL S enior lawyers should not seek their own counsel when deciding conflict-of-in- terest issues, the Law Society of British Columbia said in a decision in a conduct hearing for B.C. lawyer Terrence Robertson. Robertson was ordered to undergo a conduct review when he failed to disclose a $500 dona- tion made by his firm to B.C. Liberal Kash Heed's 2009 campaign before accepting the role of special prosecutor investigating that same cam- paign because of alleged irregularities relating to an issued brochure. Robertson was investigating Heed's role as well, with Heed earlier serving as B.C.'s solicitor general. Robertson cleared Heed of any involvement in late 2010 but advised charges against several members of his campaign team. After Robertson rendered his report, the assis- tant deputy attorney general was made aware of the firm's contribution; he spoke with Robertson, who subsequently resigned. While Robertson's firm had undergone a con- to assist those choosing to end their life. The second Charter challenge involves s.15 and contends that there is an inequity in that those with physical disability often lack the ability to end their own life. "The prohibition on assisted suicide has the effect of pre- venting persons with severe physical disabilities from accessing the means to end their own lives, while liberty to end one's life is not denied to persons who are not physically disabled," docu- ments filed by Gratl state. Ogden in his affidavit concludes that assisted suicide is occurring in society today based upon his interviews and research done with doctors and nurses. Gratl is also known for his work with Robert Latimer, who sparked a eutha- nasia debate in Canada when he killed his 12-year-old daughter, Tracy, on his family's Saskatchewan farm in 1993. Latimer argued his actions were com- passionate as his daughter suffered from cerebral palsy and was in severe pain because of complica- tions. — JEAN SORENSEN jean_sorensen@telus.net 14 A PRIL 2011 www. CANADIAN Lawyermag.com flict-of-interest review internally, Robertson was aware of the political contribution but "concluded that there was no conflict of interest or apprehen- sion of bias." The conduct review committee found "that senior lawyers are at serious risk of being over- confident in their own assessment of a situation and that can result in a form of arrogance." Robertson realized he should have consulted oth- ers and readily acknowledged the contribution to the assistant attorney general when the appoint- ment was offered. His failure to do so breached the Professional Conduct Handbook (Canon 3 (2)). Robertson also acknowledged and deeply regretted the damage that his error in judgment made to public confidence in the special prosecu- tor's role and to Heed. "There is no information to suggest, nor did the committee suspect, that Robertson accepted the appointment as special prosecutor for any improper motive, in particular to influence the outcome and protect Heed from prosecution," the committee findings state. "The law society is satisfied with the outcome of the conduct review," said chief legal officer Deborah Armour. "As a result, we are now closing the file with no further action." The conduct hear- ing results will remain on Robertson's discipline record. — JS f ar e w ellf oundation.c a.