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

Just Posted

President of the Tahltan Central Government, Chad Norman Day, surveys Tahltan territory by helicopter in this July 2019 handout photo. The Tahltan Nation and the British Columbia government have struck what officials say is a historic agreement for shared decision-making for the nation’s territory in northwestern B.C., a hot spot for mineral exploration. Day says the deal shows they are “getting closer and closer to a true nation-to-nation relationship.” THE CANADIAN PRESS/HO - Tahltan Central Government
Tahltan Nation, B.C. government sign agreement for shared decision-making

Deal commits the province and the northwest B.C. nation to developing a land-use plan

Hours of practice each day on the part of dancer Braya Kluss keeps her at a high performance level, someting reflected in the competitions she has won. (Submitted Photo)
Remote Tahltan community faces uncertainty with no ‘real’ timeline on Telegraph Creek Road

Provincial transportation ministry says the timeline for road repairs is ‘weather dependent’

Shown is a T-6 Harvard flown by Bud Granley, who has performed at the Vanderhoof Airshow “more times than any other performer,” said Anne Stevens. (Anne Stevens - Vanderhoof International Airshow Society)
Vanderhoof International Airshow a no-go for 2021

Airport open day planned for September

Five rehabilitated grizzly bears were released this month into the Bella Coola area. The Northern Lights Wildlife Society will also be delivering 36 black bears to areas across the province where they were previously found. “They’re ready to go and they’re already trying to get out,” says Angelika Langen. “We feel good when we can make that possible and they don’t have to stay behind fences for the rest of their lives.” (Northern Lights Wildlife Society Facebook photo)
The train station in Smithers pulls into view in a 1959 video of a train trip from Vernon to Prince Rupert. (Screen shot)
VIDEO: Rare footage of Smithers in 1959 featured in train tour video

8mm film converted to video shows Vernon to Prince Rupert by train and Rupert to Vancouver by ship

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

Canadian Armed Forces experts are on their way to North Vancouver after a local homeowner expressed worry about a military artifact they recently purchased. (Twitter DNV Fire and Rescue)
Military called in to deal with antique ‘shell’ at North Vancouver home

‘The person somehow purchased a bombshell innocently believing it was an out-of-commission military artifact’

Amy Kobelt and Tony Cruz have set their wedding date for February, hoping that more COVID-19 restrictions will have lifted. (The Macleans)
B.C. couples ‘gambling’ on whether COVID rules will let them dance at their wedding

Amy Kobelt and Tony Cruz pushed back their wedding in hopes of being able to celebrate it without the constraints of COVID-19

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Provincial health officer Dr. Bonnie Henry says re-opening B.C.’s border to the U.S. ‘is not in our best interest’ right now. (B.C. Government photo)
Provincial health officer Dr. Bonnie Henry (B.C. Government photo)
B.C. records 113 new COVID-19 cases Wednesday, 4 deaths

Vaccination of young people rising quickly, near 75 per cent

Russian President Vladimir Putin, left, and U.S President Joe Biden shake hands during their meeting at the ‘Villa la Grange’ in Geneva, Switzerland in Geneva, Switzerland, Wednesday, June 16, 2021. (AP Photo/Alexander Zemlianichenko, Pool)
Biden says meeting with Putin not a ‘kumbaya moment’

But U.S. president asserted Russian leader is interested in improved relations, averting a Cold War

For more than a year, Rene Doyharcabal and a small group of neighbours in Langley’s Brookswood neighbourhood have been going out every evening to show support for first responders by honking horns and banging pots and drums. Now, a neighbour has filed a noise complaint. (Langley Advance Times file)
Noise complaint filed against nightly show of support for health care workers in B.C. city

Langley Township contacted group to advise of complaint, but no immediate action is expected

Most Read