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

Glitter is a plastic that gets into places it should not and is part of the growing micro-plastics environmental problem. (Wikimedia Commons)
LETTER: Give gifts that stand the test of time, Langley student suggests

A school assignment got a local student thinking about the enviromental impacts of gift giving

Douglas Park Community Elementary administrative assistant Kim Langford has been instrumental in the school’s food programs and event takes extra food out into the community, feeding local street people. To prevent waste, she also forged links with local farms which take excess food not suitable for people for their farm animals. (Heather Colpitts/Langley Advance Times)
Langley City administrative assistant finds food builds bonds with students and families

Kim Langford used to work in banking and accounting. She finds a better rate of return in education

B.C. Supreme Court in Vancouver. (Photo: Tom Zytaruk)
Judge ponders case of alleged conflict over Langley Township council donations

The mayor and two sitting councillors could be removed from office

Brookswood Starbucks manager Sonja Olsen posed for a photo on Wednesday, Dec. 2, 2020 at the store located at 40th Avenue and 200 Street with some of the many cards for seniors her customers have filled out (Special to Langley Advance Times)
Christmas cards for seniors idea by Brookswood Starbucks takes off

Idea is to make the holidays a little less lonely for older people in care homes during pandemic

Readers enjoy the letters to Santa from local children. Here’s one from a previous Christmas. (Langley Advance Times files)
Langley’s community newspaper wants local kids letters to Santa

Children’s letters to the St. Nick could be featured in our annual special Christmas section

Pickleball game in Vancouver on Sunday, November 8, 2020. B.C.’s public health restrictions for COVID-19 have been extended to adult team sports, indoors and outside. THE CANADIAN PRESS/Darryl Dyck
711 more COVID-19 cases detected in B.C. Friday

‘Virus is not letting up and neither can we’

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

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

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Chilliwack General Hospital. (Jenna Hauck/ Progress file)
Chilliwack mother upset about son’s alleged suicide attempt after hospital discharge

Rhonda Clough said 34-year-old son suffering with bipolar disorder should have been kept in hospital

Victoria-based driving instructors are concerned for their own and the community’s safety with the continued number of residents from COVID hotspots in the Lower Mainland coming to the city to take their driving road tests. (Black Press Media file photo)
Students from COVID hotspots travel to Vancouver Island for driving tests

Union leader calls on government to institute stronger travel ban

Most Read