Challenging the Law
As part of its application for incorporation as a non-profit society under the Society Act, the Farewell Foundation is challenging the constitutional validity of s.241(b) of the Criminal Code of Canada. The Farewell Foundation says that the criminal prohibition against assisted suicide set out in s.241(b) of the Code is contrary to ss.7 and 15 of the Canadian Charter of Rights and Freedoms, and cannot be justified in a free and democratic society.
The Criminal Code
241.”Every one who
- (a) counsels a person to commit suicide, or
- (b) aids or abets a person to commit suicide,
whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.”
The Farewell Foundation contends that its proposed activities and purposes are lawful because the Criminal Code provision prohibiting its activities is contrary to s.7 of the Charter of Rights and Freedoms. The Farewell Foundation is seeking a declaration s.241(b) of the Criminal Code is of no force. The Foundation is the first party to be granted intervention standing in the constitutional case, Carter et al. v. Attorney General of Canada. Visit our website at www.farewellfoundation.ca