Dear members and supporters of the Physicians’ Alliance against Euthanasia,
As you probably already know, the Superior Court of Quebec, in a decision delivered on September 11, invalidated the end-of-life and reasonably foreseeable natural death criteria as conditions of access to “medical assistance in dying” (MAiD) in Quebec and Canada. We deplore this judgment, which will have negative consequences for the most vulnerable people and will directly affect the mission of our health care institutions.
In a rather summary manner, the court concludes (at paragraph 555 of the decision) that restricting access to MAiD only to those at the end of their life, or whose natural death is reasonably foreseeable, has not as its objectives suicide prevention and the affirmation of the inherent value and the equality of each human life, despite contrary statements in the Preamble of the federal law and in the documents which preceded the adoption of the Quebec law.
From the time of the publication of the Report of the Special Committee of the National Assembly on the issue of the right to die with dignity in March 2012, until the adoption of the Quebec law on June 2014 and the federal law in June 2016, our elected officials, among others Ms. Hivon and Dr. Barrette in Quebec and Ms. Wilson-Raybould at the federal level, reassured the population that MAiD would be practised only at the end of life or for people whose natural death is reasonably foreseeable. They also ensured that there would be no slippery slope, because these laws included a very strict framework balancing the expression of autonomy and the protection of vulnerable people and of the general population. These guarantees have now been rejected by the Court in its decision.
Many groups representing vulnerable people, as well as the Collège des médecins du Quebec, supported these criteria before the adoption of the two laws.
Why have an end-of-life criterion? Because suffering related to disability, illness or psychological distress is not a fatality. A dignified and worthwhile life is possible with and after suffering, and many people are here today to show it. Depression and despair after an accident or a terrible diagnosis can be faced and addressed, and in most cases life goes on, albeit in a new way. The invalidation of the end-of-life criterion sends all “vulnerable” people a sad message that undermines their hope.
Without strict and measurable guidelines, present, perceived or presumed suffering will become a sufficient motive to ask for and receive euthanasia at any time of life without proper medical and other care. Instead of preventing suicide, it will be promoted. How can we, as a society, offer death to people with disabilities, when we have failed to provide them with adequate medical care, home care and access to housing, transportation and employment? There have already been cases in Canada of people with disabilities being offered “medical assistance in dying” on the basis of their disability, without even having asked for it. Any broadening of access to MAiD will worsen this situation.
What can we do now? Respect for democracy and the common good requires that this judgment be appealed before October 11, the deadline to ask the Quebec Court of Appeal to overturn this judgment.
We invite all our members and friends to write to their provincial MNA’s/MLA’s and to the federal election candidates, to insist that the decision of the Superior Court of Quebec be appealed, and to express their refusal of expanded access to “medical assistance in dying”. Below is an example of a procedure to follow.
Members of Parliament must keep their promise: “medical assistance in dying” is an exceptional measure. It must remain so.
In solidarity,
Catherine Ferrier MD
President
PROCEDURE :
1. Find your riding and write down the email address of your provincial and federal MP.
Click here for federal election candidates
2. Write a short and respectful message based on your personal or professional experience. You may want to use some of the following points:
- Concern over the judgment of the Superior Court of Quebec in the Truchon and Gladu case that invalidates the end-of-life criterion of the Act Respecting End-of-Life Care and the reasonably foreseeable natural death criterion of the Act on Medical Assistance in Dying.
- Government’s pledge to protect vulnerable people and people with disabilities with strict guidelines.
- I ask the government to appeal the judgment of the Superior Court of Quebec in the name of democracy and the common good.
- Already dozens of abuses of the safeguards surrounding access to MAiD.
- Removing safeguards carries serious risks. The examples of Belgium and the Netherlands remind us of this, where the abuses are numerous and constant (a member of the Belgian Supervisory Commission even resigned recently).
- Since the Act respecting end-of-life care, Quebecers have the right to have access to quality palliative care. But little has been done to implement this part of the law.
- As a citizen of your constituency, I ask you to take a stand against any expansion of medical assistance in dying, and to work to meet the needs of everyone who has a disability or a chronic or terminal disease.
- Greetings and signature.
