Disability rights groups launch Charter challenge against MAID law

Mij

Senior Member (Voting Rights)
Disability rights groups launching Charter challenge against MAID(medically assisted in Dying) law [Canada]

A coalition of disability rights groups says it's launching a Charter challenge against part of Canada's law on medical assistance in dying (MAID). Inclusion Canada’s Krista Carr is part of the coalition launching this challenge. She says Track 2 MAID singles out people with disabilities and suggests their lives aren’t ‘worth protecting or saving or even living.’

By Rianna Lim, The Canadian Press

Posted September 26, 2024 10:31 am.

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

“People with disabilities are being not just pushed to the margins, but driven off the cliff unless services and supports are in place,” 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’d considered accessing MAID – something she found “stunning.”

“I don’t suffer because of my disability,” Walkus said. “It’s other people’s perceptions, it’s the physical environment, the attitudinal environment, the policies and the support services, or lack of them – that’s what disables me and puts me in a position of suffering, not my disability.”
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Track 1: refers to the procedural safeguards applicable to a request for MAID made by a person whose natural death is reasonably foreseeable.

Track 2: refers to the procedural safeguards applicable to a request for MAID made by a person whose natural death is not reasonably foreseeable.

Track 2, “is only available to one particular group of people: people with disabilities,”

Important: On February 29, 2024, legislation to extend the temporary exclusion of eligibility to receive MAID in circumstances where a person's sole underlying medical condition is a mental illness received royal assent and immediately came into effect. The eligibility date for persons suffering solely from a mental illness is now March 17, 2027.

Many doctors have rejected the inclusion of people with mental illness.
 
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Published March 14, 2024
Disparities in public awareness, practitioner availability, and institutional support contribute to differential rates of MAiD utilization: a natural experiment comparing California and Canada

ABSTRACT
Even though California and Canada both legalized medical aid in dying (MAiD) in 2016 and have similarly sized populations, only 853 medically assisted deaths occurred in California versus 13,241 in Canada in 2022, the most recently reported year.

Ten testable hypotheses were proposed to explain this 15-fold differential in MAiD utilization. A demographically representative online survey of adults 60 and older in both jurisdictions (N = 556) revealed no differences in moral acceptance of MAiD or willingness to use it. However, only 25% of Californian participants were aware that MAiD was legally available versus 67% of Canadian participants.

Evidence in the public domain revealed that there were 6.0 times more MAiD practitioners per capita in Canada than in California, and there was far greater support for MAiD by Canadian healthcare institutions. The evidence did not support hypotheses presuming more restrictive laws in California or greater access to palliative care/hospice. While other reasons may contribute to the difference in MAiD utilisation, limited public awareness, fewer MAiD practitioners per capita, and sparse support by healthcare institutions may significantly reduce California residents’ ability to exercise their autonomy when making end of life choices.
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Disabled women are more at risk for assisted suicide than men in Canada. Here's why.

The United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) received a powerful brief from The Evangelical Fellowship of Canada’s Centre for Faith and Public Life (“CFPL”) on September 9, 2024, which documented the disproportionate effect of euthanasia and assisted suicide on women with disabilities in Canada.

There have been studies noting that women seek euthanasia and assisted suicide more often than men because of their more sensitive nature and desire not to “become a burden” on their family members and community. These studies appear to support the CFPL’s analysis. The other reasons for a disproportionate utilization by women include more “gaslighting” by medical providers and less stability in securing long-term family physicians than men.
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