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91ƵAbandonment91Ƶ: Disabilities advocates launch court challenge to MAID law

Coalition says medical assistance in dying rules have resulted in premature deaths
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A coalition of disability rights groups says it is launching a Charter challenge against a part of Canada91Ƶs law on medical assistance in dying.A patient91Ƶs hand is held at a hospital, in Minneapolis, Monday, May 3, 2021. THE CANADIAN PRESS-David Joles-Star Tribune via AP

A coalition of disability rights organizations has launched a Charter challenge against a part of Canada91Ƶs law on medical assistance in dying, calling it an 91Ƶabandonment91Ƶ of people with disabilities.

The group announced Thursday that it had filed a notice of application to challenge what91Ƶs known as track two of the MAID law, which it argues has resulted in premature deaths.

Under the law, patients whose natural deaths are not reasonably foreseeable but whose condition leads to intolerable suffering can apply for a track-two assisted death. Track one, in contrast, involves MAID applications from those whose natural death is reasonably foreseeable.

The group alleges some people with disability are seeking assisted death due to social deprivation, poverty and a lack of essential supports. It argues MAID should only be available to those whose natural death is reasonably foreseeable.

91ƵA law that allows people with disabilities to access state-funded death in circumstances where they cannot access state-funded supports they need to make their suffering tolerable is grossly disproportionate,91Ƶ the coalition claimed in its filing against the federal government in Ontario91Ƶs Superior Court.

91ƵThere is no deprivation that is more serious and more irrevocable than causing someone who is not otherwise dying to die.91Ƶ

A spokesperson for the Department of Justice called MAID a 91Ƶcomplex and deeply personal issue.91Ƶ

91ƵThe government of Canada is committed to ensuring our laws reflect Canadians91Ƶ needs, protect those who may be vulnerable, and support autonomy and freedom of choice,91Ƶ Ian McLeod wrote in an emailed response to The Canadian Press. 91ƵWe will further present the government91Ƶs position in our submissions in court.91Ƶ

The coalition behind the Charter challenge includes national disability rights organizations Inclusion Canada, the Council of Canadians with Disabilities, Indigenous Disability Canada and the Disabled Women91Ƶs Network of Canada. It also includes two individual plaintiffs.

Krista Carr, executive vice-president of Inclusion Canada, said track two of MAID has shown that people with disabilities need to be far better supported.

91ƵThe law has led people with disabilities ending their lives with so much life left to live because Canada has failed and refuses to provide the support they need,91Ƶ she said at a news conference where the groups detailed their legal challenge.

91ƵThis isn91Ƶt compassion. It91Ƶs abandonment.91Ƶ

The group does not oppose MAID at large, but is against the specific track two part of the law because it 91Ƶsingles out91Ƶ people with disabilities, Carr argued.

The coalition alleges in its legal application that because track two does not require treatment options to be exhausted before accessing MAID, it may 91Ƶincentivize death91Ƶ over other options for people with disabilities.

91ƵDeath should not be a solution for disabled people who experience intolerable suffering but are otherwise not at the end of their lives,91Ƶ it argued.

Carr said there are deeper systemic issues people with disabilities face that the government should address, such as a lack of accessible housing, limited employment opportunities and discrimination in the health-care system.

91ƵWhat we need is a right to readily available disability supports and funding, not a quick and readily available pathway to a state-funded death,91Ƶ Carr said.

Heather Walkus, national chair of the Council of Canadians with Disabilities, said the government needs to do more to listen to people with disabilities.

91ƵPeople with disabilities are being not just pushed to the margins, but driven off the cliff unless services and supports are in place,91Ƶ she said in an interview.

Walkus, who has multiple sclerosis and vision loss, said she recently sought treatment for a hip injury and was asked by a medical professional, unprompted, if she91Ƶd considered accessing MAID 91Ƶ something she found 91Ƶstunning.91Ƶ

91ƵI don91Ƶt suffer because of my disability,91Ƶ Walkus said. 91ƵIt91Ƶs other people91Ƶs perceptions, it91Ƶs the physical environment, the attitudinal environment, the policies and the support services, or lack of them 91Ƶ that91Ƶs what disables me and puts me in a position of suffering, not my disability.91Ƶ





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