Physician-Assisted Dying in Canada: The Supreme Court of British Columbia’s Recent Ruling in Carter v. Attorney-General of Canada

Justice Lynn Smith of the BC Supreme Court handed down her decision on Friday in the case of Carter v. the Attorney-General of Canada, 2012 BCSC 886, ruling that the Criminal Code provisions which prohibit assisted suicide in Canada were unconstitutional.  Justice Smith declared the relevant provisions of the Criminal Code invalid, but suspended the operation of the declaration for one year in order to permit the government time to consider and draft appropriate legislation.  However, Her Honour gave Ms.

BCLI Publishes Supplementary Report on Proposals for a New Society Act as Response to Ministry Discussion Paper

Today the British Columbia Law Institute published its response to the Ministry of Finance’s discussion paper (2011) on reform of the Society Act, in the form of a Supplementary Report on Proposals for a New Society Act. This report is a supplement to the BCLI’s 2008 Report on Proposals for a New Society Act.

The supplementary report sets out the areas of agreement between the BCLI’s 2008 report and the ministry’s proposals in the form of a chart and discusses a series of alternative approaches to selected issues that the ministry should consider pursuing.

BCLI Launches Phase One of Strata Property Law Project

Vancouver, 16 March 2012 — The British Columbia Law Institute is beginning phase one of a project on strata-property law.

“Strata properties are an important and dynamic part of British Columbia’s real-estate sector,” noted BCLI executive director Jim Emmerton. “With this project, the BCLI intends to begin a process to ensure that the next generation of the Strata Property Act keeps abreast of developments in the field.”

BCLI Releases Recommended Practices Guide for Lawyers and Notaries Concerning Undue Influence Relating to Wills

Vancouver, 20 January 2012 — The British Columbia Law Institute (BCLI) has just published Recommended Practices for Wills Practitioners Relating to Potential Undue Influence:  A Guide.  This guidebook helps lawyers and notaries recognize “red flags” suggesting undue influence when receiving instructions to prepare a will, and in preventing later challenges that could lead to a will being invalidated.