Disability rights groups challenge Canada's assisted death framework

By Anna Mehler Paperny

TORONTO (Reuters) - Disability rights groups have challenged the constitutionality of Canada's framework for medically assisted death, arguing that providing assisted death violates people's rights if their death is not "reasonably foreseeable."

The court challenge, filed on Wednesday, argues that making assisted death available to people whose death is not imminent violates their rights to equality and to life, liberty and security of the person, even if they have grievous and irremediable medical conditions.

Medically assisted death is legal in Canada under certain circumstances, under two tracks: one for people whose death is "reasonably foreseeable" and one for people whose death, doctors believe, is not.

The first track is more common but Track 2, which is newer, has been growing.

"Track 2 increases the risk that persons with a disability will be induced to end their lives as a response to suffering," according to the notice of application, filed with the Ontario Superior Court of Justice.

"Death should not be a solution for disabled people who experience intolerable suffering but are otherwise not at the end of their lives."

The challenge is also brought on behalf of two individuals, one of whom says she was advised on her assisted death options while seeking care in hospital, "even though she was seeking help to live," according to the notice of application. It adds that her "experience is that the availability of medical assistance in dying to persons whose natural death is not foreseeable has caused her and will continue to cause her, serious harm."

Proponents argue the right to choose death is fundamental for suffering people. But some disability advocates have argued it has become easier to access a dignified death than the resources or interventions that would make life bearable.

This challenge comes a month after another was filed, challenging the Canadian assisted death framework's exclusion of people whose sole underlying condition is a mental illness.

A justice department spokesperson said in an email that the government "is committed to ensuring our laws reflect Canadians’ needs, protect those who may be vulnerable, and support autonomy and freedom of choice. We will further present the Government’s position in our submissions to the Court."

(Reporting by Anna Mehler Paperny; Editing by David Gregorio)