Disability Rights Groups Challenge Canada’s Assisted Death Framework

By Anna Mehler Paperny

TORONTO (Reuters) – Disability rights advocates have raised constitutional concerns over Canada’s medically assisted death framework, arguing that allowing assisted death for individuals whose death is not "reasonably foreseeable" infringes on their rights.

The court challenge, filed on Wednesday, contends that the availability of assisted death for those not facing imminent death undermines their rights to equality, life, liberty, and security, even if they suffer from serious and irretractable medical conditions.

In Canada, medically assisted death is permitted under specific conditions and is categorized into two pathways: one for those with a "reasonably foreseeable" death and another for those whose death is deemed uncertain by medical professionals. The first pathway is more commonly utilized, while the second, introduced more recently, has seen increasing use.

According to the notice of application submitted to the Ontario Superior Court of Justice, "Track 2 increases the risk that individuals with disabilities may feel compelled to end their lives as a response to unbearable suffering." It further asserts, "Death should not be considered a solution for disabled individuals who endure intolerable suffering but are not nearing the end of their lives."

The challenge also includes testimonies from two individuals, one of whom claims she was informed about assisted death options while seeking hospital care, despite her intention being to seek help for living. The notice points out that this individual’s experience has caused her significant distress and that the provision of assisted dying for those whose natural death is not foreseeable has contributed to ongoing harm.

Supporters of assisted death argue that the right to choose death is essential for individuals enduring suffering. However, some advocates for disability rights contend that it has become easier to access a dignified death than to obtain the resources or support necessary to improve the quality of life.

This legal challenge comes on the heels of another filed just a month earlier, which contests the exclusion of individuals whose only underlying condition is mental illness from the Canadian assisted death framework.

A spokesperson for the justice department stated that the government is dedicated to ensuring laws reflect the needs of Canadians, protect vulnerable populations, and uphold autonomy and freedom of choice. The government plans to present its position in court submissions.