The United Nations’ Committee on the Rights of Persons with Disabilities (CRPD) has recently completed its review of disability rights in Canada, and issued their concluding observations. The CRPD is a UN human rights treaty body, made up of independent experts, which monitors the implementation of the Convention on the Rights of Persons of Disabilities by the State parties who have ratified it, including Canada.
As an NGO in special consultative statues with the United Nations Economic and Social Council, CLF previously contributed written submissions to the CRPD, expressing concern that the Canadian government has failed to respond meaningfully to previous concerns raised by UN experts on shortcomings in Canada’s framework for supporting persons with disabilities, particularly in connection with euthanasia, also known as medical assistance in dying (“MAID”).
CLF is grateful for the many other organizations who raised similar human rights concerns in this latest review, and joins them in urging Canada to uphold its international commitment to “take all necessary measures” to ensure the inherent right to life and its effective enjoyment by persons with disabilities on an equal basis with others (Article 10, Convention on the Rights of Persons with Disabilities).
In its recently released report, the UN committee expressed that it is “extremely concerned” about Canada’s expansion of MAID in Bill C-7 (in 2021, Parliament removed the requirement that a person’s death be “reasonably foreseeable” before being eligible for MAID). The CRPD noted that similar concerns have already been addressed directly to Canada by the Committee on the Elimination of Discrimination against Women and by the Special Rapporteur on the Rights of Persons with Disabilities, as well as during the Universal Periodic Review.
The CRPD also noted the following, “with concern”:
“(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.”
In light of these concerns, the CRPD has made the following recommendations to the Canadian government, to “ensure the right to life for persons with disabilities”:
“(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.”
CLF has repeatedly reminded the Canadian government of their obligations under the Convention on the Rights of Persons with Disabilities, particularly in relation to the expansion of MAID in Canada. CLF has frequently highlighted concerns expressed by UN human rights experts in parliamentary consultations, submissions to lawmakers, and media reports. Related human rights concerns have also been the subject of academic conferences organized by CLF, and resulting scholarly publications. CLF intervened in the Truchon case before the Quebec Superior Court to defend safeguards around euthanasia which, as UN experts noted, were important to avoid “a two-tiered system in which some would get suicide prevention and others suicide assistance, based on their disability status and specific vulnerabilities”.
These safeguards were unfortunately removed, and the CRPD has expressed profound concerns about this in its latest report. CLF shares those concerns, and welcomes the CRPD’s latest recommendations. CLF will continue to urge the government to adopt them, and to advocate for these and other protections upholding the rights of persons with disabilities and Canada’s human rights obligations.
Further reading
CLF’s latest quadrennial report to the United Nations
CLF’s submissions to the UN Committee on the Rights of Persons with Disabilities
CLF’s open letter to Parliamentarians, endorsed by over 170 lawyers and law students
CLF’s Brief to the Special Joint Committee on Medical Assistance in Dying
Read more about CLF’s concerns about assisted death in Canada
The Vulnerable Persons Standard (of which CLF is a supporting organization) submission to the Special Joint Committee on Medical Assistance in Dying
CLF’s international law scholarship and symposiums