Considine asked the B.C. Supreme Court the existing law. Section 241 of the Criminal Code "Everyone who: a)counsels a person to commit suicide or b)aids or abets a person to commit suicide whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years." Considine's argument was that the law violated on Mrs. Rodriguez's right to life, liberty and security of a person under the Charter of Rights and Freedoms. Sue Rodriguez testified on her own behalf, Sue Rodriguez told Justice Allen Melvin that she wanted to be in charge of her life and of her death. But the court rejected her request. On May 20, 1993 the Supreme Court of Canada heard the Appeal of Sue Rodriguez v. Attorney General of British Columbia and Attorney General of Canada Parties who intruded were The!.
British Columbia Coalition of People with Disabilities, Dying with Dignity: A Canadian Society Concerned with the Quality of Dying. The Pro-Life Society of British Columbia and the Pacific Physicians for Life Society, and many more. Considine asked if the court would not remove Section 241 Subsection B of the Criminal Code, then at least do not charge the physician that would help Sue Rodriguez to pass away. On September 30, 1993 a slim five to four decision, the Supreme Court Canada dismissed the appeal.
In 1991 in Timmins, Ont a 49 year old chief of surgery Dr. Alberto de la Rocha gave an injection of potassium chloride and morphine to a 70 year old patient. Mrs. Mary Graham was suffering from an irreversible cancer of the lungs, mouth and cheeks. Everyday Mrs. Graham's pain became more and more agonizing and Dr. de la Rocha noticed that. Mrs. Graham's son George testified at the trial that his mothers death was very gentle, dignified, humane and that it was a beautiful experience. Dr. de la Rocha was charged with second-degree murder, but the charge was reduced and he pleaded guilty to administering a noxious substance.