Suffering from a malignant brain tumour, Thomas Donaldson petitioned the California Superior Court in 1990 for a declaration that he had a constitutionally-protected right to “premortem cryopreservation”.  His petition was denied, and his subsequent appeal dismissed.  In this talk, Keegan Macintosh will critically analyze how the case was argued and decided at the appeal level, discuss whether the same or similar arguments would be successful in the US or Canada today, and present novel arguments which would be available under Canada’s Charter of Rights and Freedoms that were and are not available under the US Constitution.