Does Ontario mental health law take precedence over other Canadian laws? I suffer from a mental illness and wish to use Canada's assisted dying law however if they do take me to a hospital under Ontario mental health law I can be locked up for having a suicide plan. Which law takes precedence?
In theory, national law usually trumps local laws. In practice, there could be peculiarities in the national law which mean it doesn't apply in your case, in which case there's nothing to trump the local law.
Honestly, your best bet would be to speak to a lawyer about this. I am not familiar with either of the laws in question, but you said you were suffering from a mental illness, and in most jurisdictions that have laws like this, mental illness complicates things.
- Are you sure that the assisted suicide law doesn't exclude people with mental illnesses (no matter what condition they have)?
- Are you sure that the assisted suicide law lists mental illness as a valid case for assisted suicide? Note that this is not the same thing as the previous question.
- Does the mental health law allow people to be locked up for reasons other than having a suicide plan? Might your illness itself qualify?
>Even if some doctors disagree I can still argue that the oath they take to life makes them biased sources of information.
That won't help your case, because doctors are typically the gatekeepers when it comes to determining whether or not you're of sound mind. If you can't demonstrate it in their eyes, then you won't be able to demonstrate it at all. Not to the satisfaction of the law, at any rate.
>So people inherently pro-life control my fate.
You might be surprised. Assisted suicide is controversial in the medical community, but it's not possible for a controversy to last as long as this has without there being strong factions on both sides. There's also a strong camp of moderates who aren't willing to assist in the procesure themselves, but are willing to refer you to someone who is. Some assisted-suicide laws even require doctors to do that.