Social science and humanities evidence in Charter litigation
| Author | Jocelyn Downie |
| DOI | 10.1177/1365712718787523 |
| Published date | 01 July 2018 |
| Date | 01 July 2018 |
| Subject Matter | Articles |
Article
Social science and humanities
evidence in Charter litigation:
Lessons from Carter vCanada
(Attorney General)
Jocelyn Downie
Dalhousie University, Nova Scotia, Canada
Abstract
Carter vCanada (Attorney General) is a Canadian case that famously struck down the Canadian
Criminal Code prohibitions on euthanasia and assisted suicide (now known collectively as
medical assistance in dying or MAiD). The most significant issue in the Carter case was that of
the status of MAiD. However, this case is also interesting to explore in relation to the issue of
the use of expert evidence from social science and humanities researchers. In this paper, I offer
reflections as an academic trained in philosophy and law but not expert in the use of social
science and humanities evidence in litigation. As someone who was inside the litigation but
outside the generation of the evidence, I seek to bring a perspective that may be useful to
practitioners who might be thinking about working with academics and academics who might
be thinking about getting involved in constitutional litigation that relates to their field of study.
Keywords
assisted dying, Charter, humanities evidence, litigation, social science evidence
Introduction
Carter vCanada (Attorney General) is a Canadian case that famously struck down the Canadian
Criminal Code prohibitions on euthanasia and assisted suicide (now known collectively as medical
assistance in dying or MAiD).
1,2
The plaintiffs successfully argued that the prohibitions violated ss 7
and 15 of the Canadian Charter of Rights and Freedoms and could not be saved by s. 1.
3
This set in
Corresponding author:
Jocelyn Downie, Dalhousie University, 6061 UNIVERSITY AVE, Halifax NS B3H 4R2, Canada.
E-mail: jocelyn.downie@dal.ca
1. Carter vCanada (Attorney General) 2015 SCC 5, [2015] 1 SCR 331.
2. Criminal Code, RSC 1985 c C-46, s 241(b) (as it appeared on 16 June 2017).
3. Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK),
1982, c 11. Section 7 protects the right not to be deprived of the right to life, liberty and security of the person except in
The International Journalof
Evidence & Proof
2018, Vol. 22(3) 305–313
ªThe Author(s) 2018
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DOI: 10.1177/1365712718787523
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