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Key question: What will happen if the courts rule in Noel’s favour?

Our view

If the courts agree that the blanket ban on assisted dying contravenes Noel’s right to a private life they would make a declaration that the current law on assisted dying is incompatible with Human Rights law. Depending on the detail of the judgment, it would require Parliament to give detailed consideration to how the law could be changed on assisted dying to bring it into line with human rights law.

A declaration by the Canadian Supreme Court following a similar case (Carter v. Canada) was the key driver of law change in Canada. As a result of the Supreme Court’s judgment in February 2015, the new Canadian government introduced assisted dying legislation in June 2016.