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REGIONAL WRAP-UP Right-to-die issue before the Supreme Court of B.C. on Nov. 15, there are expected to be salient issues raised and hopefully answered. The immediate question is why the T issue is going before the courts again when Canada's top court in 1993 ruled s. 24(b) of the Criminal Code was not unconstitutional in prohibiting assisted suicide. The Supreme Court of Canada ruled in the case of Sue Rodriguez, a 42-year-old, suffering from the debilitating, terminal illness, amyotrophic lateral sclerosis, and wishing a qualified physician assist her in terminating her life at the time of her choosing. B.C. Supreme Court Justice Lynn Smith noted in Ogden v. British Columbia Registrar of Companies that law was an evolving part of society. The decision he right-to-die issue in B.C. refus- es to die a natural death and when the case of Kay Carter comes was a civil action between the Farewell Foundation and the attorney general of Canada and an appeal between the Farewell Foundation and the B.C. registrar's office, which denied it corporate registration as its intent was deemed unlawful. In that Aug. 17 ruling Smith said: "The constitution is said to be a 'living tree,' capable of growth and change. It is not unknown for the Supreme Court of Canada to revisit constitutional issues that have previously been decided and in some instances to reverse its previous decisions. The law as developed by courts would never change if citizens were precluded from bringing cases that challenge previous rulings. That it is possible to hold different views about the very fundamental questions raised by this case is illustrated in Rodriguez, a decision of a five-to-four majority in the Supreme Court of Canada, and a two-to- one majority in the Court of Appeal for British Columbia." At the November hearing, where Smith is also presiding, two issues will be brought forward by the B.C. Civil Liberties Association. The Carter case concerns the family of Kay Carter who accompanied her to Switzerland when she died by assisted suicide at the Dignitas suicide centre. The claim states Carter's rights were violated by a law that prevented her from dying by euthanasia or assisted suicide in Canada. It also claims that daughter Lee Carter and husband Hollis Johnson broke the law by aiding, planning, and possibly encouraging her to go to the Dignitas suicide centre and they could be prosecuted in Canada for assisting in the suicide. Not only are constitutional issues raised, but whether Canada's laws apply in other countries. Most lawyers aren't positioned to help business families. But we can tip the scales in your favor. Be certified with a program designed for experienced advisors working with family enterprise. The Family Enterprise Advisor Program augments your technical skills with a deeper understanding around business families and their unique challenges. Our multi-disciplinary approach will grow your skills—delivering better solutions to your existing clients while creating a niche for yourself in a marketplace with growing demand. Graduates of the program are well on their way to earning the Family Enterprise Advising (FEA) accreditation—the only designation of its kind. Programs begin January 2012 in Vancouver and Toronto. Register today. www.FamilyEnterpriseAdvisor.com 12 OCTO BER 2011 www. CANADIAN Lawyermag.com UBC_CL_Sept11.indd 1 11-08-17 5:17 AM isn' t d ying