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含羞草研究社楢bandonment含羞草研究社: 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 Canada含羞草研究社檚 law on medical assistance in dying.A patient含羞草研究社檚 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 Canada含羞草研究社檚 law on medical assistance in dying, calling it an 含羞草研究社渁bandonment含羞草研究社 of people with disabilities.

The group announced Thursday that it had filed a notice of application to challenge what含羞草研究社檚 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.

含羞草研究社淎 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,含羞草研究社 the coalition claimed in its filing against the federal government in Ontario含羞草研究社檚 Superior Court.

含羞草研究社淭here is no deprivation that is more serious and more irrevocable than causing someone who is not otherwise dying to die.含羞草研究社

A spokesperson for the Department of Justice called MAID a 含羞草研究社渃omplex and deeply personal issue.含羞草研究社

含羞草研究社淭he government of Canada is committed to ensuring our laws reflect Canadians含羞草研究社 needs, protect those who may be vulnerable, and support autonomy and freedom of choice,含羞草研究社 Ian McLeod wrote in an emailed response to The Canadian Press. 含羞草研究社淲e will further present the government含羞草研究社檚 position in our submissions in court.含羞草研究社

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 Women含羞草研究社檚 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.

含羞草研究社淭he 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,含羞草研究社 she said at a news conference where the groups detailed their legal challenge.

含羞草研究社淭his isn含羞草研究社檛 compassion. It含羞草研究社檚 abandonment.含羞草研究社

The group does not oppose MAID at large, but is against the specific track two part of the law because it 含羞草研究社渟ingles out含羞草研究社 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 含羞草研究社渋ncentivize death含羞草研究社 over other options for people with disabilities.

含羞草研究社淒eath should not be a solution for disabled people who experience intolerable suffering but are otherwise not at the end of their lives,含羞草研究社 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.

含羞草研究社淲hat we need is a right to readily available disability supports and funding, not a quick and readily available pathway to a state-funded death,含羞草研究社 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.

含羞草研究社淧eople with disabilities are being not just pushed to the margins, but driven off the cliff unless services and supports are in place,含羞草研究社 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 she含羞草研究社檇 considered accessing MAID 含羞草研究社 something she found 含羞草研究社渟tunning.含羞草研究社

含羞草研究社淚 don含羞草研究社檛 suffer because of my disability,含羞草研究社 Walkus said. 含羞草研究社淚t含羞草研究社檚 other people含羞草研究社檚 perceptions, it含羞草研究社檚 the physical environment, the attitudinal environment, the policies and the support services, or lack of them 含羞草研究社 that含羞草研究社檚 what disables me and puts me in a position of suffering, not my disability.含羞草研究社





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