Conservative MP Steven Fletcher talks with reporters in the foyer of the Supreme Court of Canada in Ottawa on Wednesday October 15, 2014. THE CANADIAN PRESS/Sean Kilpatrick

Conservative MP Steven Fletcher talks with reporters in the foyer of the Supreme Court of Canada in Ottawa on Wednesday October 15, 2014. THE CANADIAN PRESS/Sean Kilpatrick

Assisted-dying bill sparks ferocious debate among Canadians with disabilities

‘Our biggest fear has always been that having a disability would become an acceptable reason for state-provided suicide’

The determination of two Quebecers with disabilities to decide when their suffering had become intolerable persuaded the federal government to rewrite the law on medical assistance in dying.

But now advocacy groups for persons with disabilities are the most fierce opponents of the legislation.

Bill C-7 attempts to strike a balance between an individual’s right to personal autonomy and self-determination and the need to protect vulnerable people who might feel pressured — either directly or indirectly by societal attitudes and a lack of support services — into seeking medical help to end their lives.

It would make it easier for people whose natural death is reasonably foreseeable to receive an assisted death. But it would impose added eligibility hurdles for those who are not near death — safeguards added specifically to help protect the vulnerable.

Those safeguards have done nothing to mollify disability advocates who believe the bill sends a message their lives are not worth living.

“Our biggest fear has always been that having a disability would become an acceptable reason for state-provided suicide,” Krista Carr, executive vice-president of Inclusion Canada, told the House of Commons justice committee Tuesday.

“Bill C-7 is our worst nightmare.”

Catherine Frazee, professor emeritus at Ryerson University’s School of Disability Studies, argued that the government is making it possible for people with disabilities to kill themselves while doing whatever it can to prevent suicide for everyone else.

“Why only us?” she asked.

“Why only people whose bodies are altered or painful or in decline? Why not everyone who lives outside the margin?”

Roger Foley, a 45-year-old with a neurodegenerative disease that has left him hospitalized, unable to move or care for himself, recounted how he’s been denied home care and allegedly been pressured by hospital staff to seek an assisted death.

“My life has been devalued. I have been coerced into an assisted death by abuse, neglect, lack of care and threats,” said Foley.

He has launched a court challenge based on his right to an “assisted life.”

Carr told the committee that “every national disability organization is opposed” to Bill C-7 but their voices are “are getting drowned out by people who do not experience the systemic marginalization, the poverty and the very difficult lack of supports and life circumstances that people with disabilities experience that lead them into situations where MAID (medical assistance in dying) is either promoted to them or they feel like it’s their only option.”

But while disability rights organizations may be united in opposition to the bill, the individuals they purport to represent are not.

“They cannot possibly represent and speak for all persons with a disability. Obviously, because you know they don’t speak for me,” Sen. Chantal Petitclerc, who won multiple medals as a Paralympic athlete, said in an interview.

She is sponsoring Bill C-7 in the Senate.

Nor, she said, do they speak for Nicole Gladu or Jean Truchon, the two Montrealers who successfully challenged a provision in the assisted-dying law that restricted the procedure to those people whose natural death is reasonably foreseeable.

Neither Gladu, who uses a wheelchair due to post-polio syndrome, nor Truchon, who lost the use of all four limbs due to cerebral palsy, qualified for an assisted death because they weren’t near death.

Last fall, Quebec Superior Court Justice Christine Baudouin struck down the foreseeable death restriction as an infringement of the guarantee of “life, liberty and security of the person” under the Charter of Rights and Freedoms.

She gave the government six months to amend the law — since extended to Dec. 18 — and, in the meantime, granted an exemption to Gladu and Truchon to seek an assisted death immediately. Truchon did so in April.

Prime Minister Justin Trudeau’s government chose not to appeal the ruling and Bill C-7 is intended to bring the law into compliance.

Petitclerc, who sits as a member of the Independent Senators Group, opposed the original assisted-dying law in 2016 because it excluded people suffering intolerably from disabling conditions who weren’t near death. She warned at the time that there is “a fine line between protecting the vulnerable and patronizing them.”

She thinks the government has struck a better balance in C-7.

She noted that for anyone not near death, the bill would add a number of new safeguards. That includes an explicit requirement they be informed of all available means to relieve their suffering, including counselling services, mental health and disability support services, community services and palliative care, and be offered consultations with professionals who provide such services.

As well, one of the two medical practitioners who assess eligibility must have expertise in the person’s medical condition. Both must agree the person has seriously considered alternative means to relieve their suffering.

“I feel that this offers protection, safeguards, without being patronizing,” Petitclerc said.

Steven Fletcher, a former MP, federal cabinet minister and Manitoba member of the legislative assembly, said the new safeguards and talk of protecting the vulnerable are “insulting” and “condescending.”

Fletcher, who has been living with quadriplegia the age of 23 after his car hit a moose, said he believes people with disabilities should have the same right, under the same rules, as everyone else to decide when their suffering has become intolerable.

He said there is a huge range of disabling conditions and argued no one, including disability rights groups, can decide for someone else what is tolerable.

“Everyone is a minority of one,” Fletcher said in an interview.

“From that perspective, everyone should have all the rights and responsibilities … as everyone else. And when you look at it from that perspective, all those other arguments don’t make any sense anymore because we’re going to be protecting the rights of everyone, period.”

Joan Bryden, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

assisted dying

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The public will start to weigh in next month on the possible future uses of Oak Bay Lodge. In the meantime, a request to the province by the City of Victoria to intervene and allow use of at least a portion of the closed facility as temporary shelter space awaits an answer. (Black Press Media file photo)
Oak Bay Lodge redevelopment planning continues, request for temporary use awaits answer

Public consultation on future of CRD-owned site begins next month

Volunteer Anette Akouri is part of a vital service that connects clients to help them be less vulernable. (Saanich Volunteer Services Society)
Saanich volunteers up the friendship calls, grocery deliveries during pandemic

Saanich Volunteer Services Society helping vulnerable residents stay happy, healthy

A rendering of Victoria Wonderland, a drive-thru immersive holiday experience that has been cancelled due to COVID-19. (Courtesy of Transcend Victoria)
Victoria Wonderland drive-thru show cancelled due to COVID-19

Organizers hope to host a similar event, if restrictions allow, in the new year

Oak Bay High students Mimi Hill and Aine O’Donnell run along the Jack Wallace Memorial Track. The old track is due to be resurfaced. (Black Press Media File Photo)
Oak Bay track resurfacing delayed

Oak Bay commits $50,000 towards renewed Jack Wallace track

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

(AP Photo/Paula Bronstein)
POLL: Has COVID-19 changed your plans for the holidays?

The lights are going up, the stacks of presents under the tree… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Dec. 1

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Watch Messiah at home with the Sooke Philharmonic

Concert available to stream Dec. 12

Emergency crews used a backhoe loader to clear fire debris from the scene of a fire on Wesley Street Thursday as police and firefighters gathered up propane tanks, stoves and fireplaces used by camp residents to heat tents. (Chris Bush/News Bulletin)
City of Nanaimo dismantles downtown homeless encampment after fire

Four to six tents burned up in Wesley Street fire Thursday, Dec. 3

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

BC Ambulance Services reassures people that the service is well staffed and ready to respond. Photo by Don Bodger
BC Ambulance assures the Island community they’re ‘fully staffed’

‘Paramedics are not limited to a geographical area.’ — BCEHS

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

Most Read