Evidence of meeting #27 for Medical Assistance in Dying in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was disability.
A video is available from Parliament.
Stanley Kutcher Senator, Nova Scotia, ISG
Thank you very much, Chair, and thank you to the witnesses.
I want to make sure that I understand the Barreau du Québec's position, so I have two questions.
This is the the first one.
Should a person with a disability be denied access to MAID solely because of their disability, if they meet all established legal and medical criteria?
Liberal
Secretary of the Order and Director of the Legal Department, Barreau du Québec
That's correct.
The same criteria apply to a person with a disability. In other words, they must have a grievous and irremediable health problem. Consequently, a person without a grievous and irremediable health problem due to their disability would not be eligible for medical assistance in dying. The grievous and irremediable problems would have to cause enduring suffering that is intolerable to them. The medical assessment remains the same, as we mentioned earlier, for a person in a situation like Mr. Truchon or Ms. Gladu, as well as for a person who is not disabled. The bar's criteria remain the same, and the care team's evaluation also remains the same.
As for free and informed consent, it is the same thing. When a person requests medical assistance in dying, they must be offered the care and services necessary to see if there are alternative solutions and ensure that their consent is free and informed.
Senator, Nova Scotia, ISG
Thank you.
For the second question, you talked earlier about legislative safeguards, but there are also clinical safeguards.
Do you think there should be a similar report conducted that addresses the needs of people with disabilities—which are extensive needs, and we're not filling them well—the same way that an expert panel conducted a review of a mental disorder as a sole underlying condition? Would a review of that nature be useful for helping to guide this discussion?
Secretary of the Order and Director of the Legal Department, Barreau du Québec
Yes, of course.
It should be noted that in Quebec, the Commission on End-of-Life Care receives the applications and forms, records statistics and ensures that safeguards are followed.
Should there be a similar commission that could actually follow more medical conditions, to explain the reasons behind receiving medical assistance in dying?
The Commission on End-of-Life Care's annual activity report from April 1, 2020, to March 31, 2021, provided some statistics on people who requested medical assistance in dying. The numbers show that 73% of them had cancer, and 83% had a prognosis of six months or less to live.
We therefore still have some medical information to establish a profile of people who receive medical assistance in dying in Quebec, and for what reasons.
Liberal
Pierre Dalphond Senator, Quebec (De Lorimier), PSG
Thank you, Mr. Chair.
I also thank our guests this morning.
My questions are for the representatives of the Barreau du Québec. A special thanks to you for participating in our work. We always benefit from the Barreau du Québec's participation.
I think that the Barreau du Québec was involved in the Truchon and Gladu cases before the Quebec Superior Court.
Within that framework, what would you say to those who consider that people like Ms. Gladu, who was born with medical problems that left her seriously disabled for her entire life, cannot make a free and informed choice, and as a result, should be legally excluded from medical assistance in dying?
In your opinion, would that pass the test of the Canadian Charter of Rights and Freedoms and the Quebec Charter of Rights and Freedoms?
Secretary of the Order and Director of the Legal Department, Barreau du Québec
No, the Barreau du Québec was not involved in Ms. Gladu's case. However, it was involved in Ms. Leblanc's case, but she died before the court could render a decision.
The Barreau du Québec supports the decision by the Quebec Superior Court, which invalidated the reasonably foreseeable death criterion, because it violated the Canadian Charter of Rights and Freedoms and was not justified by section 1.
We maintain that position today.
Senator, Quebec (De Lorimier), PSG
So, you think it would run counter to the Canadian Charter of Rights and Freedoms to exclude people with a disability from medical assistance in dying because they are vulnerable.
Secretary of the Order and Director of the Legal Department, Barreau du Québec
Yes, exactly.
Liberal
Pamela Wallin Senator, Saskatchewan, CSG
Thank you very much, Mr. Chair.
[Technical difficulty—Editor]
The Joint Chair Hon. Yonah Martin
I'm sorry for interrupting, Senator Wallin. Your sound is not coming through. It's very hard to hear and understand what you're saying.
If you raise the volume, it might sound a bit better.
Go ahead.
Liberal
The Joint Chair Liberal Marc Garneau
Unfortunately, we're not going to be able to take your questions, Senator Wallin. The quality of the sound is not good enough.
We'll now go to Senator Martin.
The Joint Chair Hon. Yonah Martin
Ms. Carr, in your advocacy organization for disability rights, your group rallied in opposition to Bill C-7. You talked about how, since then, you have been inundated with calls, etc.
Do you believe that the voices of those you represented were heard by those who needed to hear your concerns?
Executive Vice-President, Inclusion Canada
No, they were not, and they're still not really being heard.
In the lead-up to Bill C-7, the whole disability community, including us, predicted that we would get to exactly where we are now. Besides the calls that come in to our office and our federation across the country, you can't open up a newspaper without seeing a story or multiple stories every day that are public and in the news about these situations. It's really quite devastating to our whole community.
The Joint Chair Hon. Yonah Martin
You are here today on behalf of those you represent. There are other advocacy groups, including Ms. Peters' group.
I have limited time, but is there anything you wish to say to this committee? We're listening, and we'd like to know what concerns and/or other recommendations you have.
Executive Vice-President, Inclusion Canada
We had over 200 organizations representing persons with disabilities sign an open letter. This is not a religious rights issue; it's a disability rights issue. While you may feel that you are giving this particular protected group of people a right to die, what they really need is a right to live on an equal basis with others. Without that, the right to die is only going to mean that we will have far, far fewer people with disabilities alive in our country, and that is frankly a travesty.