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On June 28, 2011, the BCCLA amended the Carter case by adding 63-year-old Gloria Taylor. Taylor, who has ALS, says she wants to die by euthanasia or assisted suicide and laws that prevent her from dying this way are unconstitutional. Taylor's condition created a greater level of urgency for the case, which was the reason Smith agreed to fast track the case. The Farewell Foundation in the August ruling was unsuccessful in its constitutional challenge and gaining standing. Smith ruled it did not meet the criteria for public interest nor private interest, as the names of individuals wanting to die could not be represented through the five foundation founders. The appellants allege the B.C. registrar erred in concluding he lacked jurisdiction to decide the constitutional question and erred in failing to determine that s. 241(b) is unconstitutional. Smith pointed out that the hearing was not to question whether the registrar had the authority, but an appeal of the registrar's decision that was based upon the information before him. She said the attorneys general of B.C. and Canada had filed no documents and there was only one from the Farewell Foundation. "The record before the registrar was clearly insufficient to permit a decision on the constitutionality of s. 241(b) of the Criminal Code, even if the registrar had jurisdiction to make such a decision." Smith indicated it would be a long route for the foundation to argue the scope of the registrar's constitutional powers and instead urged the foundation to act as an intervener in the Carter hearing in November. "It will be open to the Farewell Foundation plaintiffs to apply to intervene in Carter. If intervention status is granted, they will be able to make submissions and possibly lead evidence in that context," she said. She reasoned that the Carter case demonstrates there is a more effective way to bring the issue into the courts and s. 241(b) of the code is not immune from challenge. The Carter case, though, differs from the Farewell Foundation's challenge in that it advocates physician-assisted CANADIAN LAW LIST Spiralbound • October 2011 One time purchase $39.00 L88804-530 On subscription $39.00 L88804-530-26065 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. suicide while the foundation advocates for a broader scope of individuals allowed to assist. "That the remedy sought in the Carter case is different does not, in my view, require that public interest standing be granted to the Farewell Foundation plaintiffs. The model proposed by the Farewell Foundation, which is based on the model in Switzerland, among other jurisdictions, will likely form part of the s. 1 evidence in Carter," she said. The Farewell Foundation has indicated it plans to intervene. Other interveners are also expected, such as the Euthanasia Prevention Coalition. The case is expected to be heard in 2012. — JS 2012 BRITISH COLUMBIA LEGAL TELEPHONE DIRECTORY GET NAMES, MAILING ADDRESSES, EMAIL ADDRESSES AND PHONE NUMBERS FOR LAWYERS AND LAW OFFICES IN B.C., NUNAVUT, NORTHWEST TERRITORIES AND THE YUKON In one handy volume you'll have a single means of access to every lawyer and law firm in B.C., Northwest Territories, Nunavut and the Yukon. Published annually, the current edition includes: • B.C. Notaries • B.C. Land Surveyors • Shorthand Reporter's Association • Canadian Association of Para-Legals • Northwest Territories, Nunavut and Yukon listings. This directory has: • Durable spiral-bound format • E-mail addresses (where available) • Federal court listings • Federal government departments • Up-to-date addresses, telephone numbers and fax numbers (with firm listing) Visit canadalawbook.ca or call 1.800.387.5164 for a 30-day no-risk evaluation www.CANADIAN Lawyermag.com OCTO BER 2011 13 2011 B.C. directory 1/2 island.indd 1 8/25/11 1:39:30 PM