Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition
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Yuan Yi Zhu
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An article by Yuan Yi Zhu, a Canadian academic, that was published as a Special to the National Post on February 18, 2025 explains that 10 years after the Supreme Court of Canada Carter decision (that legalized assisted death in Canada) that Canada's MAiD law was not a slippery slope; it was a cliff. Zhu writes that the Supreme Court of Canada Carter decision claimed that no slippery slop would happen, which is exactly the opposite of what has happened. Zhu wrote:
February marks the 10th anniversary of the Supreme Court of Canada’s
decision in Carter v. Canada (Attorney General), in which the court
unanimously ruled, against both basic logic and its own precedents, that
the right to life, guaranteed by the Constitution, included the right
to a state-assisted suicide through what came to be known
euphemistically as “Medical Assistance in Dying” (MAiD).
At the time, the court dismissed evidence from other jurisdictions that
the legalization of euthanasia inevitably led to its open-ended
expansion as well as abuse against the vulnerable. Belgium’s disastrous
euthanasia experiment, which saw children and people with psychiatric
disorders dying at the hands of doctors, was, the court said, the
“product of a very different medico-legal culture…. We should not
lightly assume that the regulatory regime will function defectively, nor
should we assume that other criminal sanctions against the taking of
lives will prove impotent against abuse.” There would be no slippery
slope, the court promised us.
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Zhu examines his assertions about Canada's euthanasia law.In 2016, Parliament legalized MAiD for people whose deaths were
“reasonably foreseeable.” A short five years later, unnoticed in the
midst of the pandemic, Canada’s euthanasia regime was expanded to cover
those with chronic conditions whose deaths were not imminent. At the
same time, Parliament legalized euthanasia for mental illness alone to
come into force in 2023 (it has since been postponed to 2027), making a
mockery of our society’s commitment to mental health and suicide
prevention.
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Christine Gauthier
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Zhu examines several of Canada's euthanasia horror stories, such as Paralympian, Chritine Gauthier:
The horror stories Canada’s euthanasia regime has generated — the Paralympian who was offered MAiD by a government employee when she asked for a wheelchair ramp, the disabled woman living on welfare who opted for MAiD because she could not secure adequate housing, the cancer patient who chose
to kill himself because he could not access chemotherapy in time — have
become so commonplace that they have blunted our sense of decency, of
what is the minimum we owe to our fellow citizens. Meekly, we have
accepted that such horrors, and many more unreported ones, are part and
parcel of Canadian society.
We have no answers to
the contradictions raised by the legalization of MAiD. The civil servant
who suggested it to Christine Gauthier was fired;
but why did she lose her job, when MAiD is healthcare and when
Gauthier, who is confined to a wheelchair, is eligible for euthanasia
under Canadian law because of her disability? Was she not simply doing
her job, providing information to those who may need it?
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Zhu then comments on Canada's euthanasia statistics:
When
it was introduced, proponents claimed MAiD would only account for a
small number of deaths. In 2023, almost one death out of 20 in Canada
was due to MAiD. In Quebec, which has adopted the practice more
enthusiastically than virtually any other human society, the figure is 7.3 per cent, the highest such figure anywhere in the world. Last year, Quebec unilaterally legalized MAiD by advance directive — which under the Criminal Code is murder. The federal government’s reaction was to hold a series of national roundtables to discuss the idea more.
What
about the “regulatory regime” on which the learned judges of the
Supreme Court rested their hopes to protect the vulnerable? In Ontario,
the chief coroner’s office recorded at least 428 cases of
non-compliance with Canadian law by MAiD providers over a five-year
period, in what was described as “a pattern of not following
legislation, a pattern of not following regulation.” Most cases led to
nothing more than an email to the provider; only four cases were
referred to professional regulators. Not a single law-breaker was
referred to the police.
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Jocelyn Downie
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To confirm how Canada's euthanasia law is being widely interpreted, Zhu refers to comments by Canada's leading euthanasia academic:
In the words
of Jocelyn Downie, who received the Order of Canada for her promotion
of MAiD, when doctors or nurse practitioners are assessing a patient’s
eligibility for MAiD, “you can ask as many clinicians as you want or
need” for a second opinion, allowing them to shop around until they find
a colleague who will sign off on a MAiD request. On another occasion,
she told medical professionals that, when it came to signing off on MAiD
requests, “There is no certainty or unanimity required. There is
not perfection required.” Legally, she was right: Canadian law does not
require medical professionals to be right when they authorize MAiD for
someone; they must merely have reasonable belief. The MAiD assessor does
not even need to meet the patient face-to-face: a Zoom meeting is
sufficient.
Finally Zhu refers to the role of the courts in Canada's euthanasia horror:
As for the courts, which opened a Pandora’s box, they have largely washed their hands from it all. Last year, an Alberta judge ruled
that an autistic woman with no apparent diagnosis of a physical illness
could receive MAiD, even though the judge himself did not understand
how she came to be approved for MAiD and even though at least one doctor
had turned down her request.
Some judges are even proud of the role they played in ushering in MAiD: in 2018, Richard Wagner, the chief justice of Canada, agreed
the Carter decision and other rulings of its kind made the Supreme
Court, as one Vancouver lawyer had characterized, “the most progressive
in the world,” and added that he was “very proud of that.”
A decade on, there was no slippery slope; it was a cliff.
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