Mendalla
Happy headbanging ape!!
- Pronouns
- He/Him/His
But there is nothing to stop the government (whoever that may be) from eliminating disability in the law and if someone challenges that in court, pulling out the convention as part of their defence. IOW, the court's word is not final here. The government can, and will, put forward a law that it believes meets both the needs and wants of Canadians and then defend it before the court if someone questions it.
Good recent example: The new prostitution law passed late last year does not, in the minds of many legal experts, meet the tests set by the Supreme Court in its decision of December 2013. However, the government still passed it and it is now the law of the land. If it is challenged in court, the government lawyers will no doubt have arguments prepared to show that it does meet the tests set in the December 2013 decision that struck down sections of the old law and there is legal justification for any abridgement of rights in the law.
The law arising from the decision on physician-assisted suicide could easily be handled in the same way.
Good recent example: The new prostitution law passed late last year does not, in the minds of many legal experts, meet the tests set by the Supreme Court in its decision of December 2013. However, the government still passed it and it is now the law of the land. If it is challenged in court, the government lawyers will no doubt have arguments prepared to show that it does meet the tests set in the December 2013 decision that struck down sections of the old law and there is legal justification for any abridgement of rights in the law.
The law arising from the decision on physician-assisted suicide could easily be handled in the same way.