Toronto Star

Election could determine whether people with mental illness can choose assisted death,

Medically assisted death for people like John Scully with mental illnesses depends on the election result . . .

- JACQUES GALLANT POLITICAL REPORTER Warning: Story contains discussion of suicide.

John Scully says he regularly wakes up screaming from his “brutal” nightmares, a result of his post-traumatic stress disorder.

Sometimes they’re about the numerous war zones he’s been to throughout his career as a journalist: the street violence, guns, flying bullets.

Other times, they’re about the daily stress familiar to so many journalist­s — pressure to make decisions, fear of getting the story wrong, too many assignment­s at one time.

“Often they’re just horror,” said Scully, 80, in an interview.

Along with PTSD, Scully says he has severe depression and anxiety, but no treatment or medication over the decades have helped alleviate his suffering.

“I’ve been to literally dozens of psychiatri­sts, dozens of psychologi­sts, I’ve been admitted to CAMH six or seven times on a long-term basis,” he said. “I’ve been through all the therapies, including 19 shock therapies, behavioura­l therapy. My bête noire is group therapy. “There’s no drug I haven’t tried.” What Scully wants, and the reason the Toronto man has been speaking publicly about his conditions, is to die.

He has become an advocate for medical assistance in dying (MAID) on the sole basis of mental illness — set to become legal in Canada in two years following the passage this year of the Liberal government’s Bill C-7.

“I have a human right to have the same rights of treatment as a person with a physical illness, including MAID,” he said.

That expansion of the MAID regime is now at a crossroads given the ongoing federal election, and could end up coming to a halt depending on the outcome at the polls.

The Conservati­ves have promised to repeal the mental illness expansion, and reimpose some of the rules on accessing MAID that were lifted by C-7.

The Liberals announced a 12-member

expert panel just two days before the writ drop to come up with safeguards by next March for MAID on the basis of a mental illness.

The issue is an emotional one that cuts to the core of deeply held personal beliefs for many Canadians. Underpinni­ng much of the debate is a fundamenta­l question: In what circumstan­ces can someone’s mental illness be deemed incurable and their suffering intolerabl­e so as to allow a medically assisted death?

Scully, who has attempted suicide in the past, said MAID would allow for time to plan with his family, who he says are supportive of his wishes. And it would avoid the physical and emotional pain stemming from a suicide attempt, he said.

“There’s a doctor who will administer a proper dose of the right medication, that will offer you a peaceful, dignified death,” he said.

An Ipsos poll conducted in February on behalf of advocacy group Dying with Dignity Canada found that 65 per cent of Canadians support expanding MAID on the basis of a mental illness, as long as the person has capacity to consent and the other eligibilit­y criteria is met — that the illness is incurable and the person’s suffering is intolerabl­e.

The government initially banned MAID for mental illness in C-7, but accepted a Senate amendment that would make it legal down the road. Senators in favour had argued that banning individual­s with mental illnesses was discrimina­tory and likely unconstitu­tional.

The bill allows individual­s whose natural deaths are not reasonably foreseeabl­e to apply for MAID. The Conservati­ves say C-7 went too far, and that the government failed to listen to organizati­ons representi­ng people with disabiliti­es who said C-7 could push individual­s to seek MAID due to lack of supports and services.

The mental illness expert panel’s formation comes at an “unfortunat­e time” given the ongoing election, said member Dr. Donna Stewart.

“Politics may play a bigger role in this than one would like it to, with various parties deciding that they need to take a position at the extreme ends of the spectrum, whereas most people are somewhere along that spectrum,” said Stewart, not commenting on the work of the panel itself.

Opening up MAID to those with mental illnesses has divided advocates and experts. Some argue that it can’t be done safely, and could lead to marginaliz­ed individual­s with lack of supports to apply for the procedure.

Experts in favour argue it would only apply to a very small number of individual­s, who would be thoroughly assessed after having lived with their symptoms for years and gone through a number of treatments that failed to alleviate their suffering.

An important part of the expert panel’s

and her daughter.

While these ceremonies vary from community to community, at Nahanee’s, witnesses were called to remember her name and share teachings about the meaning of carrying the name. During the ceremony, she and her daughter wore new regalia and stood on wool blankets to signify walking into a new life with the name. They also hosted a feast and a giveaway for guests and witnesses.

“So it was a marking. It’s a connection and a protection for you. It also comes with what we call teachings that tell us how to care for the name and how to be our best person,” she said. “You want to take care of the name and you want to carry the name forward, so the next generation­s have that name. You build a legacy with that name.”

Then in 2018, she had a reckoning of her Squamish name while attending a conference and introducin­g herself on a panel in what was her limited ability with her native language. Suddenly, she said, she heard a voice from her ancestor asking her, “Who are you?”

Nahanee said she felt that was a message to learn more about her heritage language in order to stand stronger with her Indigenous identity. The next day, she shared that spiritual experience with her uncle, who also had an admonition: It was time for her to take an ancestral name.

Later, she visited all her other family members to ask for the permission to use the five-generation-old name “Ta7talíya,” to make sure she was deserving of it. On the winter solstice of that year, she received the name at a ceremony and family feast. From that moment, she began to ask everyone she meets to address her by her “rebirth” name. Nahanee has tried to update her name in email addresses and Facebook or fill out online forms with her Indigenous name but they wouldn’t take the “7” or the accent of the “í.”

“For a while, I would spend the time to write to people and say, ‘I try to fill out your form but it wouldn’t accept my name. Can you change the form?’ ” she recalled.

“That’s a lot of my time, and I just decided I’m not gonna keep pushing this.”

Then Nahanee saw a LinkedIn post by Burnabybas­ed immigratio­n lawyer Will Tao of Heron Law Offices about its pro-bono project to help members of the Indigenous community reclaim their traditiona­l names under Ottawa’s new program. And the two connected.

In the wake of the Kamloops discovery, Tao said, he and his team felt strongly about their collective responsibi­lity as settlers on stolen land to offer support, and the project came naturally for them as experts in immigratio­n law and operations.

It didn’t take them long to realize all the hurdles and barriers applicants face in the name-reclaiming process that go beyond the limitation­s on characters.

All applicants, for instance, must first navigate a cumbersome provincial name-change process as a prerequisi­te to reclaim their names on passports, citizenshi­p certificat­es and Indian status cards.

“What complicate­s this further is that many folks may have been born in a different province and have or need documentat­ion from that province for the applicatio­n,” Tao explained.

“Many provinces did not even post the process for Indigenous name changes, so we had to reach out to those provinces to figure out how to do it.”

Each province also has different rules on who can receive fee waivers, while the federal government does it free of charge. In B.C., for example, applicants also require an affidavit to prove one is connected to Indian residentia­l schools or the “Sixties scoop.”

In Ontario, residentia­l school survivors and family can reclaim their Indigenous names for free until January 2022. They can change to a single name, if it is part of your traditiona­l culture or the child’s traditiona­l culture, with evidence supporting the naming practice.

“We are seeing many individual­s who contact us not go ahead or proceed,” said Tao, whose office is currently working on four applicatio­ns.

He said the federal government needs to push the provinces to align policies and make this program more accessible, and maybe provide inperson support and guidance via Service Canada or those administer­ing the Indian status cards. Deer said the Indigenous name reclamatio­n is going to have positive impact toward reconcilia­tion, a journey that never ends.

“That’s not something you flip the switch and you will achieve reconcilia­tion. That journey might require these steps, these initiative­s to engage people and on topics that really matter to them,” he said.

“The government bureaucrat­s who are responsibl­e for bringing these things to life are also on a journey,” Deer added. “It would be a lofty goal to expect a Canadian government, whatever orientatio­n, Liberal, NDP, whatever, to get this right, right away.”

According to the immigratio­n department, as of July 30, it has received fewer than five requests for replacemen­t passports issued in reclaimed Indigenous names.

Nahanee said she’s not surprised with the low uptake and hopes both the federal and provincial government­s recognize the significan­ce of the name change to Indigenous communitie­s.

“For me, being able to use my name Ta7talíya on my driver’s licence and my passport allows me to show up in the world as a whole human as who I fully am. When I’m only able to show up as Michelle, really that’s just one part of who I am,” she said.

What’s also significan­t in reclaiming the Indigenous name, said Nahanee, is the cultural shift that comes with the visibility of these traditiona­l names in the colonial world.

“My name actually is not that hard to pronounce and how easy you can move beyond your fear by saying Ta7talíya versus being stalled by the 7,” said Nahanee, whose first name is pronounced with the number being silent.

“If all of us are able to share with the world every time we show our ID, it just opens up that normalizin­g Indigenous language, normalizin­g Indigenous teachings and normalizin­g Indigenous ways. So please make policy that works for us.”

“It just opens up that normalizin­g Indigenous language, normalizin­g Indigenous teachings and normalizin­g Indigenous ways.” TA7TALÍYA NAHANEE

 ?? STEVE RUSSELL TORONTO STAR ?? John Scully, a retired journalist living with mental illnesses, wants a medically assisted death. Right now, the procedure is prohibited for individual­s with a mental illness, but would become legal in 2023 — if the party that wins the election keeps the law.
STEVE RUSSELL TORONTO STAR John Scully, a retired journalist living with mental illnesses, wants a medically assisted death. Right now, the procedure is prohibited for individual­s with a mental illness, but would become legal in 2023 — if the party that wins the election keeps the law.
 ??  ??
 ??  ?? Scully, a former journalist, points to photos from some of his foreign assignment­s in Chile, the Sahara and Bosnia. While he lives with the psychologi­cal scars of his decades-long career, mainly in TV journalism, he says he has no regrets. “I regard it as a duty, as a calling if you can do it,” he said.
Scully, a former journalist, points to photos from some of his foreign assignment­s in Chile, the Sahara and Bosnia. While he lives with the psychologi­cal scars of his decades-long career, mainly in TV journalism, he says he has no regrets. “I regard it as a duty, as a calling if you can do it,” he said.
 ??  ?? John Scully checks his blood pressure at home. The 80-year-old has become an advocate for medical assistance in dying (MAID) on the sole basis of mental illness. “I have a human right to have the same rights of treatment as a person with a physical illness, including MAID,” he says.
John Scully checks his blood pressure at home. The 80-year-old has become an advocate for medical assistance in dying (MAID) on the sole basis of mental illness. “I have a human right to have the same rights of treatment as a person with a physical illness, including MAID,” he says.

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