Regina Leader-Post

Bill C-7 denigrates people with disabiliti­es

Legislatio­n bolsters idea they have less value, Nicolas Rouleau writes.

- Rouleau is a constituti­onal and appellate lawyer who has represente­d Inclusion Canada and the Council for Canadians with Disabiliti­es.

By cavalierly hurrying through Parliament and limiting debate on legislatio­n to expand access to assisted suicide in Canada (Bill C-7), the Canadian government is fast-tracking the deaths of persons with disabiliti­es.

Up until now, medical assistance in dying (MAID) has been limited to those at the end of their lives. Similar to palliative care and other medical end-of-life options, the Canadian MAID regime aims to safeguard the principle of equality by ensuring that all dying Canadians have an option for a peaceful and painless death.

A death without excruciati­ng suffering is something that most Canadians, including those with disabiliti­es, want to take for granted.

For context, Canada's endof-life MAID regime is more permissive than in virtually any other country.

Beyond the end-of-life context, there are no other circumstan­ces where the government promotes, encourages, enables, accepts, tolerates or is otherwise involved in the deaths of its citizens. This, too, is equality-affirming. The government signals that the lives of all individual­s are essential — that they have equal value and an equal ability to enrich the Canadian fabric.

Through Bill C-7, however, the government is seeking to expand MAID beyond “endof-life circumstan­ces” for Canadians with grievous and irremediab­le illnesses and disabiliti­es whose suffering is intolerabl­e to them.

Put coarsely, the government will enable the deaths of persons with disabiliti­es in circumstan­ces where their life expectancy is otherwise open-ended. It is taking this unpreceden­ted step solely on the basis of one non-binding trial court decision that it has refused to appeal.

No other Canadian group is considered expendable and offered MAID by the government because of its personal characteri­stics. For this reason, disability-rights organizati­ons are essentiall­y unanimous in their opposition to Bill C-7. Yes, some individual­s with disabiliti­es suffer; some would request access to MAID if offered the opportunit­y. But so would many other individual­s in marginaliz­ed groups. This doesn't mean the government should target these groups as recipients of

MAID instead of addressing the underlying structural factors causing their suffering.

On the whole, the empirical evidence confirms that if provided appropriat­e support, the lives of persons with disabiliti­es are as rich and happy as those of any other individual­s.

The government's reckless approach will in turn fuel the existing stereotype­s that the lives of persons with disabiliti­es have less value than the lives of others, that persons with disabiliti­es are better off dead, that they are a burden on the state and their loved ones, and that they have a lousy quality of life. Already, these stereotype­s disproport­ionately lead persons with disabiliti­es to commit suicide, just as similarly pernicious stereotype­s lead other minorities to do so.

If adopted, Bill C-7 will discrimina­te against persons with disabiliti­es under section 15 of the Canadian Charter of Rights and Freedoms and bring Canada in conflict with its obligation­s under the United Nations Convention on the Rights of Persons with Disabiliti­es. This is not a desirable outcome.

Let's take our time debating this issue and coming to the right conclusion. For persons with disabiliti­es, this is literally a matter of life and death.

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