responsibility of determining whether the Criminal Code’s criteria for providing medical assistance in dying were met. Further,
in the case at bar, since two physicians are of the opinion
that AB meets the Criminal Code’s criteria, no judicial pre-authorization is required.
 Further still, Ontario submits that a civil court should not
issue a declaration that any particular patient meets the criteria
for obtaining medical assistance in dying because such a declaration would improperly interfere with prosecutorial discretion
by purporting to predetermine criminal liability.
 Finally, Ontario submits that if the court finds that it
should issue a declaration concerning whether AB meets the criteria for obtaining medical assistance in dying, then Ontario
takes no position on whether those criteria have been met.
Ontario also submits that a declaration is made it should be
general and not refer to AB in particular.
 Canada adopts the position of Ontario.
D. Publication Ban and Order Sealing the Evidence
 The request for a publication ban and an order sealing the
evidence was not opposed by the parties or by the media, which
was given notice of the request.
 The requested orders should be granted.
E. Factual Background
 To understand the issues in this case and the arguments
of the parties, it is necessary to interweave AB’s personal
history with the judicial history that led to the enactment of
An Act to amend the Criminal Code and to make related
amendments to other Acts (medical assistance in dying), S.C.
2016, c. 3 (“Bill C-14”).
 It is also necessary to describe the legislative history of
Bill C-14 separately, i.e., without integrating it with AB’s personal history. The pertinent provisions of Bill C-14 are set out in
Schedule “A” to these reasons for decision.
2. AB’s personal history and the judicial history of medical
assistance in dying
 AB is an almost 80-year-old woman with an advanced and
incurable disease that she has courageously battled for 25 years.
She now suffers from uninterrupted, incredibly excruciating pain.
 In 1982, AB, then in her 40s, was diagnosed with osteoarthritis. At the time, she was working full time to support her