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Cma V. Rodriguez Summary

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Analysis:
The argument that arose before the court was a different legal conception of s.7 than that the prevailing Rodriguez case was deciding. Laws relating to principles of over breadth and gross disproportionality had materially advanced since Rodriguez. The matrix of legislative and social facts in this case also contrasted the evidence before the court in Rodriguez. The evidence proved that assisted suicide does not deprive people who are disabled from s. 15 under equal treatment. I think that it understandable that the appeal court has pointed out the flaws in the arguments but we need to keep our eyes on the higher principle that the charter protection against being killed that is the right to life is not a trivial thing an doesn’t …show more content…

There are three implications that would occur if a change in law were past, one would be the change in palliative care. Adequate palliative care is a prerequisite to the legalization of medical aid in dying. Patients should never have to choose death because of unbearable pain, which can be treated but cannot be accessed. It is wrong to deny grievously ill patients the option of medical aid in dying because of systematic inadequacies in the delivery of palliative care. Safeguarding patients by building a strong patient physician relationship must be established so that there is no foul play in the outcome. The issue is that it is very difficult to assess the overall competence and voluntariness of a patient. CMA mandates that the protection of physicians is a must; and any change in law must legally protect those physicians who choose to participate from criminal, civil, and disciplinary proceedings. No physician should feel compelled to participate, and patients are free to transfer to another hospital if a physician denies a patients

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Many people are diagnosed with a terminal ill disease that will cause them to be in pain until they die. Some patients do not want to be in pain so go into hospice where they are not given medicine and die slowly. Family members who went through that with a patient says it hurts when they are hurting and can not help them. The law ABX2-15 legally assist patients to commit suicide with prescription to end their suffering with some requirements. The law ABX2-15 should be passed so family members and the patients will end their suffering.

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Per the summons and complaint, plaintiff claims assault and false arrest. Plaintiff claims that defendant PO Argelis Rodriguez and other MOS stopped him and accused him of throwing away a handgun. Plaintiff states that he did not possess a handgun. Plaintiff claims that PO Rodriguez assaulted him in the head, body, face and buttock. Plaintiff alleges that he was placed in handcuffs then his pants and underpants were removed and he was searched on the ground in public

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In the book Assisted Suicide in Canada: Moral, Legal, and Policy Considerations by Travis Dumsday, a counter argument to the legal precedent for medical assistance in dying (MAID) in Canada is constructed. The main approach Dumsday makes to substantiate his stance is exhibiting the moral and ethical controversy that MAID creates in Canda, and how the Legality of MAID should be overturned. Several types of avenues of data and methodologies are used in the book to support Dumsday’s anti-MAID arguments. Firstly, they develop the historical context of MAID in Canada and attempt to express errors in the original Carter V. Canda supreme court case and how flawed logic and immoral practices corrupted the case, which has led to the expansion of Medically assisted euthanasia in Canada. The author then begins an explanation of the morality and ethical quandary he feels about MAID and how morality should point toward if not a cessation of MAID that a governmental decision to not fund the program.

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The appellant, Sue Rodriguez, suffers from amyotrophic lateral sclerosis. Under this condition, Sue will lose the ability to swallow, speak, walk, and move her body without assistance. As a result, she will eventually become confined to a bed. With a life expectancy between 2 and 14 months, Sue wishes to end her life on her own will when her condition becomes too painful to bear. This can be accomplished with the assistance of a qualified physician.

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Cruzan v. Missouri Department of Health What is the value of a life? Do family members always have the patients’ best interest in mind when making medical decisions? Who should ultimately make the decision of life or death for patients that will never leave a permanent vegetative state? Lester and Joyce Cruzan faced an issue no parent ever wants to face after their daughter, Nancy was in a horrific car accident that left her in a persistent vegetative state.

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In a close victory, fifty-one percent of the voters voted yes and forty-nine percent opposed the Death with Dignity Act. However, the law was delayed for several years due to an injunction by District Judge Hogan who had ruled that the Oregon Death with Dignity Act violated the U.S. Constitution’s Equal Protection clause (Legal). The ruling was immediately appealed to the U.S. Circuit Court of Appeals and in 1996 the ban was ruled unconstitutional by the Ninth Circuit Court of Appeals. In two related cases at that time, the U.S. Supreme Court ruled that assisted suicide was not a Constitutional right, but also that the issue would be best addressed in the “laboratory of the states” which are free to prohibit or legalize physician assisted dying. In 1997, the Oregon Legislative Assembly put Measure 51 on the ballot in an effort to repeal the Death with Dignity Act.

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