What is the effect of a neurologic determination of death on a person's religious beliefs?

Ontario, Canada


The following excerpt is from McKitty v. Hayani, 2018 ONSC 4015 (CanLII):

A definition of death that provides exemptions for those whose religious beliefs would be violated by a neurologic determination of death could also lead to uncertainty and unpredictability in other areas of legal significance. For example, in People v. EULO discussed above, the defendant argued that it was the act of organ removal that killed his girlfriend after there was a neurologic determination of death, and not his act of shooting her. It is possible that if his girlfriend’s religious belief was that she was alive for so long as her heart was beating and that belief was accommodated, the accused’s argument might have to be considered by the court. The lack of an objective definition of death could lead to this kind of nonsensical result, further underscoring the importance of certainty, clarity and predictability. In a similar vein, a common definition of death without exemptions provides certainty and clarity in other areas of the law, such as determining the date of death in wills and estates cases, family law cases, etc.

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