By Anna Mehler Paperny
Disability rights groups have filed a court challenge against Canada's framework for medically assisted death, arguing that providing assisted death to individuals whose death is not "reasonably foreseeable" violates their rights to equality and life.
The challenge, filed on Wednesday, highlights the two tracks of medically assisted death in Canada - one for individuals whose death is deemed "reasonably foreseeable" and another for those whose death is not imminent. The second track, which is newer, has been growing in popularity.
The court challenge argues that Track 2 increases the risk of disabled individuals being pressured to end their lives due to suffering, stating that "death should not be a solution for disabled people who are experiencing intolerable suffering but are not at the end of their lives."
The challenge is also brought on behalf of two individuals, one of whom was advised on assisted death options while seeking care in a hospital, despite seeking help to live. This individual believes that the availability of assisted death to those whose natural death is not foreseeable has and will continue to cause serious harm.
Proponents of medically assisted death argue that the right to choose death is fundamental for those suffering, while some disability advocates contend that it has become easier to access a dignified death than the resources or interventions that would make life bearable.
This challenge follows another filed a month prior, which challenged the exclusion of individuals with a sole underlying condition of mental illness from the Canadian assisted death framework.
A justice department spokesperson stated that the government is committed to ensuring that laws reflect Canadians' needs, protect the vulnerable, and support autonomy and freedom of choice. The Government's position will be presented in submissions to the Court.
Analysis:
The court challenge against Canada's medically assisted death framework by disability rights groups raises important questions about the rights of individuals with disabilities and the access to dignified death. The challenge highlights the growing popularity of the second track of medically assisted death, which allows for individuals whose death is not reasonably foreseeable to access this option.
Proponents argue that the right to choose death is essential for those suffering, while disability advocates raise concerns about the ease of access to assisted death compared to resources that could improve the quality of life for individuals with disabilities. The outcome of this challenge could have significant implications for the rights and autonomy of individuals seeking medically assisted death in Canada.