Disability Rights Coalition Challenges Discriminatory Sections of Canada’s Assisted Dying Law in Court

TORONTO, Sept. 26, 2024 /CNW/ – A coalition of disability rights organizations and two personally affected individuals have filed a Charter challenge with the Ontario Superior Court of Justice. They oppose Track 2 of Canada’s Medical Assistance in Dying (MAiD) law, which provides assisted suicide to people with a disability who are not dying, or whose death is not “reasonably foreseeable.”

The coalition includes national disability organizations Inclusion Canada, the Council of Canadians with Disabilities (CCD), Indigenous Disability Canada (IDC/BCANDS), and DAWN Canada, as well as two individuals who have been harmed by Track 2 MAiD.

The organizations assert that Track 2 MAiD has resulted in premature deaths and an increase in discrimination and stigma towards people with disabilities across the country. While they are not challenging MAiD Track 1 in this case, they recognize that it too can pose significant problems for people with disabilities. Track 2 MAiD has had a direct negative impact on the lives of people with disabilities.

The coalition is urging the court to strike down Track 2 of Canada’s MAiD law, arguing that providing assisted death solely on the basis of disability is unconstitutional. They contend that MAiD should only be available to people whose natural death is reasonably foreseeable.

“People are dying. We are witnessing an alarming trend where people with disabilities are seeking assisted suicide due to social deprivation, poverty, and lack of essential supports,” said Krista Carr, Executive Vice-President of Inclusion Canada. “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. It’s time to put an end to helping people with disabilities commit suicide and start supporting them to live.”

“This challenge is about protecting the equality and human rights of all people with disabilities in Canada,” said Heather Walkus, National Chairperson of the CCD. “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.”

“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,” added Neil Belanger, CEO of IDC/BCANDS, “Understanding this, this law is not just discriminatory; it reinforces the ongoing marginalization of Indigenous Peoples with disabilities.”

“30% of all women in Canada live with a disability,” said Bonnie Brayton, CEO of DAWN Canada. “Women and gender-diverse people with disabilities experience the highest rates of gender-based violence and poverty and we do not have access to health care, as the heartbreaking stories of the two individual plaintiffs in this case demonstrate. We want access to housing, to health care and to be free of violence and instead, we are accessing MAID at the highest rates. This law is a betrayal of our most fundamental rights”

The coalition has launched a Charter challenge against Track 2 MAiD and looks forward to the court defending the rights of people with disabilities in Canada.

More information: 

The coalition is represented by a legal team led by Joanna Birenbaum of Birenbaum Law and David Rankin of Osler, Hoskin & Harcourt LLP. The case is expected to draw significant attention from disability rights advocates, healthcare professionals, and policymakers across the country.

For more information, please contact: Media Contact: Jeff Ferguson, Executive Director, Knowledge Mobilization, Inclusion Canada; Email: jferguson@inclusioncanada.ca; Direct: 416-661-9611 ext. 231