Is death by neurologic criteria considered death at law?
Ontario, Canada
The following excerpt is from McKitty v. Hayani, 2018 ONSC 4015 (CanLII):
The issue of whether death by neurologic criteria is considered death at law was also addressed in the 1984 decision of People v. EULO, 63 N.Y. 2d. 341 (1984). In that case, the defendant shot his girlfriend in the head. She was pronounced dead by neurologic criteria and her organs were donated. The defendant appealed his conviction of manslaughter arguing that her death was caused by the intervening event of the removal of her organs, rather than the gunshot wound.
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