Constitutional crossroads

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• Criminal Code dened someone with a “grievous and irremediable” medical condition as having a “serious and incurable illness, disease or disability”; in an “advanced state of irreversible decline in capability”; and whose “natural death has become reasonably foresee-able.” e last was not a clinical, MAiD, or primarily criminal term but a civil term that raised confusion

• uestioned the constitutionality of “reasonable foreseeability,”

• questioned

• While there has been relatively little litigation regarding abortion since the late s, that may not remain the case

• Supreme Court’s  Morgentaler ruling implies that any provincial attempt to eectively ban or severely restrict abortion will be considered ultra vires for trespassing into the federal criminal law power

• he extent that physicians consider an abortion medically necessary in a physical, psychological, or emotional sense, the logic of Carter suggests that provinces must also make abortions reasonably accessible