{"id":4476,"date":"2019-10-04T18:31:08","date_gmt":"2019-10-04T18:31:08","guid":{"rendered":"https:\/\/tvndy.ca\/?p=4476"},"modified":"2019-10-04T18:31:08","modified_gmt":"2019-10-04T18:31:08","slug":"webcast-archive-disability-rights-activists-call-for-truchon-appeal","status":"publish","type":"post","link":"https:\/\/tvndy.ca\/en\/2019\/10\/webcast-archive-disability-rights-activists-call-for-truchon-appeal\/","title":{"rendered":"Webcast archive: Disability rights activists call for Truchon appeal"},"content":{"rendered":"<p><iframe loading=\"lazy\" width=\"1180\" height=\"664\" src=\"https:\/\/www.youtube.com\/embed\/PLeJ8sZYLJ8?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen><\/iframe><\/p>\n<p>In this episode of\u00a0<em>Euthanasia &amp; Disability<\/em>, Amy Hasbrouck and Christian Debray discuss:<\/p>\n<ul>\n<li>Disability rights activists call for appeal of Truchon decision<\/li>\n<li>Dutch prosecutors bring consent questions to Supreme Court<\/li>\n<li>Italy\u2019s constitutional court rules assisting suicide is not always a crime<\/li>\n<\/ul>\n<p>Please note that this text is only a script and that our webcast contains additional commentary.<\/p>\n<p><strong>DISABILITY RIGHTS ACTIVISTS CALL FOR APPEAL OF THE\u00a0<em>TRUCHON<\/em>\u00a0DECISION<\/strong><\/p>\n<ul style=\"font-weight: 400;\">\n<li>The Council of Canadians with Disabilities (CCD) and the Canadian Association of Community Living (CACL) have issued an open letter to Attorney General David Lametti, asking him to appeal the\u00a0<em>Truchon<\/em>\u00a0decision.<\/li>\n<li>The letter comes two days after Prime Minister Trudeau said in a French-language debate that he would not appeal the\u00a0<em>Truchon<\/em>\u00a0decision, if he were re-elected.\u00a0 However since the appeal deadline falls before the federal election, the Attorney General will have to request an extension, file an appeal, or lose the opportunity to appeal the case if action isn\u2019t taken.<\/li>\n<li>As of October 4, 65 disability organizations had signed onto the open letter, which is being released today.\u00a0 The text of the letter reads:<\/li>\n<li>Re: Advocates Call for Disability-Rights Based Appeal of the Quebec Superior Court\u2019s Decision in Truchon &amp; Gladu<\/li>\n<li>We, the undersigned members and supporters of the Canadian disability community, are deeply troubled by the Quebec Superior Court\u2019s decision of\u00a0<em>Truchon c. Procureur g\u00e9n\u00e9ral du Canada<\/em>. As you are aware, the decision has struck down the \u201creasonable foreseeability of natural death\u201d criterion of Canada\u2019s medical assistance in dying legislation. As Attorney General of Canada, we urge you to file an appeal of the decision immediately.<\/li>\n<li>We find this decision to be concerning for the following three reasons:<\/li>\n<li>1)\u00a0 It fails to respect Parliament\u2019s authority to balance the interests of individuals with the interests of society, effectively limiting Parliament\u2019s capacity to pursue social targets such as substantive equality and inclusion.<\/li>\n<li>Justice Christine Baudouin arrives at the conclusion that the end-of-life criterion violates section 7 and section 15 of the Charter\u00a0by rejecting a key objective of Parliament, erasing any need for a section 1 analysis of reasonable limits. Parliament outlined the following societal objective in the preamble of the legislation:<\/li>\n<li>It is important to affirm the inherent and equal value of every person\u2019s life and to avoid encouraging negative perceptions of the quality of life of persons who are elderly, ill or disabled.<\/li>\n<li>In fully rejecting this objective, the court has limited the authority of Parliament to govern toward an inclusive and equitable Canada. This is a dangerous precedent. Parliament intentionally included the end of life criterion in the legislation as a way of achieving the above objective. Is it reasonable for Parliament to limit the individual interests of Truchon and Gladu (autonomy) in order to promote the interests of society (equality and inclusion)? Without an appeal, we may never know.\u00a0The Supreme Court must weigh in on this flawed analysis.<\/li>\n<li>2)\u00a0 The decision will entrench stereotypes and exacerbate stigma for Canadians with disabilities, contributing to the adversity and oppression experienced by this vulnerable group.<\/li>\n<li>Without the equalizing effect of the end-of-life criterion, which guarantees that the common thread between all persons who access an assisted death in Canada is that they are all dying, persons with disabilities will be able to gain access ultimately because they have a disability. A worse stereotype couldn\u2019t be institutionalized in law \u2013 that disability-related suffering, largely caused by lack of support and inequality, justifies the termination of a person\u2019s life.<\/li>\n<li>Canada must avoid sending a message that having a disability is a fate worse than death.\u00a0Canadians with disabilities are already bombarded daily with reminders that they are unwelcome and under-valued. We must not compound this harm by entrenching in law the message that others who share their condition will receive our full support if they choose to die prematurely. This message fits too neatly into the stereotype that a life featuring disability is a bad life, full only of suffering and pity. Such a narrative already exists. Canada must appeal the decision to prevent additional stereotyping and stigma, and to substantively protect the section 15 Charter rights of persons with disabilities.<\/li>\n<li>3)\u00a0 Without the end-of-life criterion in place, Canada\u2019s medical assistance in dying legislation will further violate article 10 of the United Nations\u2019 Convention on the Rights of Persons with Disabilities (CRPD).<\/li>\n<li>\u00a0Article 10 of the CRPD reads as follows:<\/li>\n<li>\u00a0States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.<\/li>\n<li>By offering medical assistance in dying to persons with disabilities on the basis of disability, Canada would be further violating international law. If every Canadian who suffers cannot access a medically assisted death, and yet a Canadian who suffers and has a degenerative disability can, it is precisely their disability status that sets them apart.<\/li>\n<li>Canada is already not taking necessary measures to ensure the effective enjoyment of life by persons with disabilities on an equal basis with others. There is case after case of Canadians whose medical and support needs are not being met, causing them to consider, if not seek out, death.<\/li>\n<li>Canada\u2019s medical assistance in dying regime already concerns the UN\u2019s Special Rapporteur on the rights of persons with disabilities, Catalina Devandas-Aguilar, who shared at the conclusion of her study visit to Canada that she is \u201cextremely concerned about the implementation of the legislation on medical assistance in dying from a disability perspective\u201d and this is before the end of life criterion was struck down.<\/li>\n<li>Minister Lametti, as Attorney General of Canada, we urge you to appeal this decision up through to the Supreme Court. Not to do so, we believe would be a failure on the part of your government to defend persons with disabilities from significant and tangible harm. After extensive consultation by Parliamentary Committees and public debate, your government crafted this legislation intentionally and purposefully. We trust that as Attorney General you will take the steps needed for its vigorous defence. Canadians\u2019 human rights are at stake.<\/li>\n<li>The 65 organizations that have signed the letter so far include:\n<ul>\n<li>Council of Canadians with Disabilities<\/li>\n<li>Canadian Association for Community Living<\/li>\n<li>ARCH Disability Law Centre<\/li>\n<li>People First of Canada<\/li>\n<li>Canadian Mental Health Association<\/li>\n<li>Canadian Disability Studies Association \/ Association candienne d&#8217;\u00e9tudes sur le handicap<\/li>\n<li>Institute for Research and Development on Inclusion and Society<\/li>\n<li>L\u2019Arche Canada<\/li>\n<li>Canadian Institute for Inclusion and Citizenship<\/li>\n<li>The DisAbled Women\u2019s Network of Canada \/ R\u00e9seau d&#8217;Action des Femmes Handicap\u00e9es du Canada (DAWN-RAFH Canada)<\/li>\n<li>Barrier free Canada &#8211; Canada sans Barri\u00e8res<\/li>\n<li>Toujours Vivant-Not Dead Yet<\/li>\n<li>Communication Disabilities Access Canada<\/li>\n<li>Soci\u00e9t\u00e9 qu\u00e9b\u00e9coise de la d\u00e9ficience intellectuelle \/ Quebec Intellectual Disability Society<\/li>\n<li>NWT Council for Disability<\/li>\n<li>Independent Living Centre London and Area<\/li>\n<li>British Columbia Aboriginal Network on Disability Society<\/li>\n<li>Inclusion Selkirk<\/li>\n<li>National Network for Mental Health<\/li>\n<li>Families for a Secure Future<\/li>\n<li>Citizens With Disabilities &#8211; Ontario<\/li>\n<li>Nova Scotia League for Equal Opportunities<\/li>\n<li>Collectif des m\u00e9decins contre l&#8217;euthanasie \/ Physicians&#8217; Alliance against Euthanasia<\/li>\n<li>Coalition of Persons with Disabilities Newfoundland and Labrador<\/li>\n<li>Interdisciplinary Master&#8217;s Program &#8211; Disability Studies, University of Manitoba<\/li>\n<li>Nova Scotia Association for Community Living<\/li>\n<li>Fredericton Association for Community Living<\/li>\n<li>Disability Alliance BC<\/li>\n<li>Inclusion BC<\/li>\n<li>Resila INC<\/li>\n<li>Ontario Federation for Cerebral Palsy<\/li>\n<li>Euthanasia Prevention Coalition<\/li>\n<li>Community Inclusion Society<\/li>\n<li>Association for Reformed Political Action<\/li>\n<li>Bridges to Belonging Waterloo Region, Ontario<\/li>\n<li>Body BRave<\/li>\n<li>Community Living Victoria<\/li>\n<li>Community Ventures Society<\/li>\n<li>Inclusion Alberta<\/li>\n<li>Bethesda<\/li>\n<li>Disability Rights Coalition of Nova Scotia<\/li>\n<li>Living with Dignity \/ Vivre dans la Dignit\u00e9<\/li>\n<li>Community Living Ontario<\/li>\n<li>The Manitoba League of Persons with Disabilities Inc.<\/li>\n<li>Burnaby Association for Community Inclusion<\/li>\n<li>Christian Medical and Dental Association of Canada<\/li>\n<li>Prince Edward Island Association for Community Living<\/li>\n<li>posAbilities Association<\/li>\n<li>New Brunswick Association for Community Living<\/li>\n<li>Inclusion Saskatchewan<\/li>\n<li>Inclusion Winnipeg<\/li>\n<li>Community Living Manitoba<\/li>\n<li>Canadian Physicians for Life<\/li>\n<li>Keremeos Measuring Up Team (British Columbia)<\/li>\n<li>Disability Studies Program, Kings University College at Western University<\/li>\n<li>Alliance for Equality of Blind Canadians (Toronto Chapter)<\/li>\n<li>Canadian Federation of Catholic Physicians and Societies<\/li>\n<li>PLAN<\/li>\n<li>PLAN Edmonton<\/li>\n<li>PLAN Calgary<\/li>\n<li>PLAN Okanagan<\/li>\n<li>Bridges to Belonging (Waterloo)<\/li>\n<li>Christian Legal Fellowship \/ Alliance des chr\u00e9tiens en droit<\/li>\n<li>Newfoundland and Labrador Association for Community Living<\/li>\n<li>Inclusion Yukon<\/li>\n<\/ul>\n<\/li>\n<li>The Attorney General can be reached by email at\u00a0webadmin@justice.gc.ca or by phone at 613-957-4222<\/li>\n<\/ul>\n<p><strong>DUTCH PROSECUTORS BRING CONSENT QUESTIONS TO SUPREME COURT<\/strong><\/p>\n<ul style=\"font-weight: 400;\">\n<li>Prosecutors in the Hague are\u00a0<a href=\"https:\/\/www.reuters.com\/article\/us-netherlands-euthanasia\/dutch-prosecutors-seek-supreme-court-ruling-on-euthanasia-for-incapacitated-patients-idUSKBN1WB1IR\">seeking clarification<\/a>\u00a0of legal questions surrounding the dismissal of charges against a nursing home doctor who euthanized a 74-year-old woman with dementia based on an advance directive, despite indications that she wasn\u2019t ready to die.<\/li>\n<li>We first reported this story in\u00a0<a href=\"https:\/\/tvndy.ca\/en\/2017\/02\/webcast-archive-dutch-doctor-acted-in-good-faith\/\">2017<\/a>\u00a0when the committee that reviews euthanasias in the Netherlands declared that putting a sedative in the woman\u2019s coffee and having her physically restrained during the injection still amounted to \u201cgood faith\u201d compliance with euthanasia safeguards.\u00a0 Prosecutors brought charges against the doctor\u00a0<a href=\"https:\/\/tvndy.ca\/en\/2018\/11\/webcast-archive-first-euthanasia-prosecution-in-the-netherlands\/\">last fall<\/a>, which were dismissed by a court\u00a0<a href=\"https:\/\/tvndy.ca\/en\/2019\/09\/webcast-archive-quebec-court-decides-truchon-gladu-case\/\">in September<\/a>.<\/li>\n<li>The request for clarification is not an appeal, and the doctor is not at risk for punishment. The prosecutor\u2019s petition to the Supreme Court is only a request for guidance on what to do where an incapable person gives mixed signals about their wishes.<\/li>\n<\/ul>\n<p><strong>ITALY\u2019S CONSTITUTIONAL COURT RULES ASSISTING SUICIDE IS NOT ALWAYS A CRIME<\/strong><\/p>\n<ul style=\"font-weight: 400;\">\n<li>A constitutional Court in Italy has ruled that assisting suicide may be legal if certain conditions are met.\u00a0 According to\u00a0<a href=\"https:\/\/www.theguardian.com\/society\/2019\/sep\/25\/assisting-a-suicide-is-not-always-a-rules-italian-court\">the Guardian<\/a>, Anyone who \u201cfacilitates the suicidal intention \u2026 of a patient kept alive by life-support treatments and suffering from an irreversible pathology\u201d should not be punished under certain conditions.<\/li>\n<li>The ruling came in the prosecution of Marco Capato, who drove\u00a0Fabiano Antoniani to Switzerland where he had assisted suicide in 2017.\u00a0 Antoniani, a.k.a. DJ Fabio, who was paralyzed and blinded in a 2014 car accident, did not have a terminal illness. \u00a0The court said assisted suicide may be permissible if the person\u2019s condition causes \u201cphysical and psychological suffering that he or she considers intolerable,\u201d and with approval by a local ethics committee.\u00a0 Also, public health authorities would have to verify that all conditions are met.<\/li>\n<li>The ruling also calls on Italy\u2019s parliament to legislate on the issue.<\/li>\n<\/ul>\n   ","protected":false},"excerpt":{"rendered":"<div class=\"entry-summary\">\n<div class=\"entry-summary\">\nThis week, we discuss an open letter from two leading disability rights organizations calling for an appeal of the Truchon decision, and some brief updates on international news.\n<\/div>\n<div class=\"link-more\"><a href=\"https:\/\/tvndy.ca\/en\/2019\/10\/webcast-archive-disability-rights-activists-call-for-truchon-appeal\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &ldquo;Webcast archive: Disability rights activists call for Truchon appeal&rdquo;<\/span>&hellip;<\/a><\/div>\n<\/div>\n<div class=\"link-more\"><a href=\"https:\/\/tvndy.ca\/en\/2019\/10\/webcast-archive-disability-rights-activists-call-for-truchon-appeal\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &ldquo;Webcast archive: Disability rights activists call for Truchon appeal&rdquo;<\/span>&hellip;<\/a><\/div>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[92],"tags":[597,598,471,121,583,596,418,582,595,599,118],"class_list":["post-4476","post","type-post","status-publish","format-standard","hentry","category-webcast-archive","tag-canadian-association-of-community-living","tag-charter","tag-council-of-canadians-with-disabilities","tag-euthanasia-disability","tag-gladu-en","tag-italy","tag-netherlands","tag-truchon-en","tag-trudeau","tag-united-nations-en","tag-webcast","entry"],"_links":{"self":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts\/4476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/comments?post=4476"}],"version-history":[{"count":2,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts\/4476\/revisions"}],"predecessor-version":[{"id":4479,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts\/4476\/revisions\/4479"}],"wp:attachment":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/media?parent=4476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/categories?post=4476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/tags?post=4476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}