Thursday, March 27, 2025

UN Committee opposes Canada's euthanasia law.

Alex Schadenberg
Executive Director
Euthanasia Prevention Coalition

On March 21, 2025; the Convention on the Rights of Persons with Disabilities Committee’s Concluding Observations on Canada’s Disability Rights Record report was released. Among the many recommendations, Sections 19 and 20 of the UN Committee report outlined their response to Canada's (MAiD) euthanasia law. (Link to the report).

Article: United Nations Committee directs Canada to repeal Track 2 MAiD deaths (Link).

The document states:

19. The Committee is extremely concerned about the 2021 amendments to the State Party’s Criminal Code through Bill C-7 that expanded the eligibility criteria for obtaining Medical Assistance in Dying (MAID), known as “Track 2” MAiD by removing the ‘foreseeable death’ criteria. The Committee recalls that similar concerns about Track 2 MAiD have been addressed directly to the State Party by the Committee on the Elimination of Discrimination against Women, the Special Rapporteur on the Rights of Persons with Disabilities and during the Universal Periodic Review. The Committee further notes that the Special Rapporteur on the rights of persons with disabilities, the Special Rapporteur on extreme poverty and human rights and the Independent Expert on the enjoyment of all human rights by older persons have stated that disability is not a reason to endorse medical assistance in dying. The Committee also notes with concern that: 

    (a) The federal government did not challenge the Quebec Truchon decision which fundamentally changes the whole premise of medical assistance in dying when natural death is reasonably foreseeable to a new program that establishes medically assisted dying for persons with disabilities based on negative, ableist perceptions of the quality and value of the life of persons with disabilities, including that ‘suffering’ is intrinsic to disability rather than the fact that inequality and discrimination cause and compound ‘suffering’ for persons with disabilities;

    (b) The concept of ‘choice’ creates a false dichotomy by setting up the premise that if persons with disabilities are suffering, it is valid for the State Party to enable their death, with safeguards not guaranteeing the provision of support, and ableist assumptions deemphasising the myriad of support options for persons with disabilities to live dignified lives, and the systemic failures of the State Party to address the social determinants of health and well-being, such as poverty alleviation, access to healthcare, accessible housing, prevention of homelessness, prevention of gender-based violence, the provision of community-based mental health supports and employment supports;

    (c) Evidence from the Ontario Office of the Chief Coroner and federal government data indicating that Track 2 MAiD is disproportionately accessed by women with disabilities and persons with disabilities in marginalised situations, and there is an upward trajectory of persons with disabilities killed through Track 2 MAiD;

    (d) The expansion of Track 2 MAiD in 2027 to persons whose “sole underlying medical condition is a mental illness” and the proposed expansion of MAiD to include “mature minors” and advance requests for MAiD;

    (e) The inadequate consultation process with Indigenous Peoples including non-status and off-reserve Indigenous persons with disabilities in relation to MAiD;

    (f) The absence of a federal independent oversight mechanism to monitor, regulate and handle complaints in relation to MAiD.

The concerns are excellent first step but they are limited to people with disabilities. People with terminal conditions who would qualify under Track 1 have equally concerning issues.

The recommendations:

20. To ensure the right to life for persons with disabilities, the Committee recommends that the State Party, in close consultation and active involvement of persons with disabilities through their representative organisations:

    (a) Repeal Track 2 Medical Assistance in Dying (MAiD), including the 2027 commencement of Track 2 MAiD for persons whose “sole underlying medical condition is a mental illness”;

    (b) Not support proposals for the expansion of MAiD to include “mature minors” and advance requests;

    (c) Significantly invest and implement comprehensive measures, at federal, provincial, and territorial levels to ensure the systemic failures in relation to the social determinants of health and well-being are addressed, such as poverty alleviation, access to healthcare, accessible housing, prevention of homelessness, prevention of gender-based violence, the provision of community-based mental health supports, care services at home and personal assistance, and employment supports;

    (d) Strengthen distinctions-based, community-led consultation processes with Indigenous Peoples, including non-status and off-reserve Indigenous persons with disabilities, respecting the principle of self-determination;

    (e) Establish and resource a federal independent oversight mechanism to monitor, regulate and handle complaints in relation to MAiD.

The Euthanasia Prevention Coalition considers the recommendation in Section 20 of the report as important for protecting people from the subtle and direct coercion to die that is often connected to euthanasia decisions.

There are many Canadians who have requested and died by euthanasia based on poverty, access to healthcare, accessible housing and homelessness, and more.

Social supports are not adequate to ensure that people with disabilities can at least live and have adequate housing and the necessary supports.

Nonetheless, these recommendations are important but limited to Track 2 concerns. Very similar concerns exist for people being approved for Track 1 euthanasia deaths.

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