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Krista Carr (left), Executive Vice-President of Inclusion Canada, Bonnie Brayton (centre), CEO of DAWN Canada, and Heather Walkus, Chair of CCD delivering their remarks at a press conference, Sept. 2024, challenging discriminatory sections of Canada’s assisted dying law in court.
Photo courtesy CNW Group/Inclusion Canada
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A coalition of disability rights organizations has united to challenge Track 2 of Canada’s Medical Assistance in Dying (MAiD) law, which provides euthanasia to people with a disability who are not dying or whose death is not reasonably foreseeable.
Launched Sept. 26, the coalition consists of Inclusion Canada, the Council of Canadians with Disabilities (CCD), Indigenous Disability Canada (IDC), DAWN Canada and two individuals harmed by Track 2.
The coalition is asking the Ontario Superior Court of Justice to strike down Track 2, arguing it is unconstitutional to provide MAiD solely on the basis of disability. The challenge also argues Track 2 MAiD has raised discrimination and stigma towards the disabled and resulted in premature deaths.
Krista Carr, executive vice-president of Inclusion Canada, noted an “alarming trend” of people with disabilities seeking MAiD.
“This law also sends a devastating message that life with a disability is a fate worse than death, undermining decades of work toward equity and inclusion,” said Carr. “It’s time to put an end to helping people with disabilities commit suicide and start supporting them to live.”
Carr said that “society has deep-rooted unconscious and conscious biases” regarding what it’s like to live with a disability and “whose lives they think are worth living and saving and protecting.” She added that she “does not think that people who work in our court system are immune” from those inclinations.
In the short period since the court challenge was announced, Carr has noticed a higher level of awareness about Track 2 MAiD.
“It’s amazing that even since the press conference, (I’ve) seen a number of things on social media where people didn’t even know there was Track 2 MAiD,” said Carr. “When people think about medical assistance in dying, they think about their friend who has stage 4 brain cancer, is in a significant amount of pain and may or may not be able to get palliative care.”
The main thrust of the challenge is fairness, said Heather Walkus, national chairperson of the CCD.
“This challenge is about protecting the equality and human rights of all people with disabilities in Canada,” said Walkus. “Instead of providing the support and resources we need to live, our government is offering death. It’s unacceptable and we won’t stand for it.”
Neil Belanger, the CEO of IDC/BCANDS, stated that “Indigenous peoples and communities across Canada face higher rates of disability, poverty and isolation while continuing to battle significant barriers when attempting to access disability and health services and supports necessary for their well-being. Understanding this, this law is not just discriminatory; it reinforces the ongoing marginalization of Indigenous peoples with disabilities.”
While efforts will be made to “spur more conversation,” Carr emphasized that Inclusion Canada and its allies are non-profits that “do not have the big budgets to run campaigns” unlike “well-resourced organizations like Dying With Dignity (Canada).”
However, Carr said, “if we did not think we could win, we would not be doing it”
“We believe, fundamentally, the Charter rights of people with disabilities are being violated under Track 2 MAiD. We have singled out one particular Charter-protected group for death and we do not offer it to anyone else.”
The Euthanasia Prevention Coalition is seeking intervenor status in the case.
(Amundson is an associate editor and writer for The Catholic Register.)
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