The issue of expanding assisted dying eligibility 'has already been decided': senator
The senator who pushed for Canada's assisted dying regime to include people whose only condition is a mental disorder says the debate about that policy is now over.
"The issue of expansion has already been decided upon," said Stan Kutcher, who sits with the Independent Senators Group.
As far as Kutcher is concerned, the what was determined two years ago, when his arguments in the Senate convinced the Liberal government to move forward with an expansion of eligibility.
It's just the when that recently came into question.
Last week, Parliament hastily passed a Liberal bill that has further delayed the expansion of assisted dying eligibility to people whose sole condition is a mental disorder.
In an interview, Kutcher said he supported the delay until March 2024 because it will allow proper training and practice standards to be made available to provincial regulatory bodies and practitioners.
Conservatives supported it, too. But they argue that the expansion should not happen in the first place, with Conservative Leader Pierre Poilievre saying he would repeal it if he became prime minister. In the meantime, British Columbia MP Ed Fast has proposed a private member's bill to do the same.
Fast told reporters last week that he was concerned the Liberal government was "moving from a culture of life to a culture of death." Those suffering from mental disorders deserve mental health and social support and counselling, he said. "They need to find some joy and some meaning in life."
But Kutcher, who was a leading psychiatrist before joining the Senate, urged Canadians to stop thinking about patients in this category as lacking agency.
"Just because an individual might belong to a group that is considered to be vulnerable, doesn't mean that individual is vulnerable," he said.
And he invited those who think it is wrong to offer assisted dying to such patients to challenge the law at the Supreme Court: "I don't know why they're not, if they have such strong feelings."
When the Liberal government was getting ready to pass its first major update to assisted dying law in 2021, it was initially reluctant to expand eligibility to people whose only condition is a mental disorder.
The legislation came in response to a 2019 Quebec Superior Court decision that struck down part of the original framework passed in 2016. The court found it was unconstitutional to only allow people whose death was "reasonably foreseeable" to apply for assisted dying.
The new law expanded eligibility to those who have a serious and incurable disease, illness or disability, were in an advanced state of decline and were suffering intolerably Γüá-- even if their death was not imminently foreseeable.
Passing the bill was already going to put the federal government in better alignment with the criteria set out in the 2015 Supreme Court decision that had originally challenged the prohibition on assisted death as counter to the Charter of Rights and Freedoms.
But Kutcher recalled thinking that the government should go a step further to truly respect Charter rights.
"If you had Lou Gehrig's disease, or if you had severe Parkinson's, you would be eligible to apply for and be treated humanely and thoughtfully, and critically, you would have an opportunity to apply for relief of your suffering," he said.
"But if you had a mental illness, you would be excluded from such. ... I thought that that was a flagrant example of stigma and discrimination."
Kutcher convinced senators to amend the bill in the Senate and send it back to the House of Commons, writing an 18-month delay into the law so that practitioners could get ready for what would be a major change.
The government added another six months to the clock -- and, last week, another year -- but was otherwise persuaded. The Liberals are not expected to further delay the expansion. It will happen automatically on March 17, 2024, unless there is a change in government before then.
That's a good thing, says Helen Long, chief executive officer of advocacy group Dying with Dignity Canada.
Long said that some mental disorders are treatment resistant, just as some people cannot be cured of all their physical illnesses. The expansion, she said, is an equalizer, and will still require people who only have a mental disorder to meet all of the other eligibility criteria.
She added that the ongoing political debate about the policy "continues to stigmatize those individuals," saying: "Just because you have a mental disorder does not mean you won't have capacity."
Without the Senate's intervention, Long said it is likely a legal challenge would have been launched arguing that the regime discriminated against people whose only condition is a mental disorder.
That legal challenge is a sure thing if the government doesn't go forward with the expansion next year, she said.
University of Waterloo political science professor Emmett Macfarlane says the exclusion of people who only have a mental illness was "ripe" for a Charter challenge based on equality rights.
"On its face, an exclusion would be discrimination on the basis of a disability," he said. "It's difficult to justify an absolute prohibition of people who are suffering from a mental illness."
He said determining what counts as an irremediable condition should be left to the medical profession, adding that broader societal concerns about the availability of mental health resources, palliative care and material supports such as housing need to be addressed.
But the Supreme Court has made it clear that access to assisted dying is in line with the Charter, and that isn't going to change, he said.
"We are never (as) a country going back to an absolute prohibition on medical aid in dying," he said. "That debate is closed."
This report by The Canadian Press was first published March 15, 2023.
IN DEPTH
Trudeau, key election players to testify at foreign interference hearings. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions are picking back up this week. Here's what you need to know.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
opinion Don Martin: Pierre Poilievre's road to apparent victory will soon start to get rougher
Pierre Poilievre and his Conservatives appear to be on cruise control to a rendezvous with the leader's prime ministerial ambition, but in his latest column for CTVNews.ca, Don Martin questions whether the Conservative leader may be peaking too soon.
opinion Don Martin: The Trudeau lessons from Brian Mulroney's legacy start with walking away
Justin Trudeau should pay very close attention to the legacy treatment afforded former prime minister Brian Mulroney, who died on Thursday at age 84, writes columnist Don Martin.
opinion Don Martin: ArriveCan debacle may be even worse than we know from auditor's report
It's been 22 years since a former auditor general blasted the Chretien government after it 'broke just about every rule in the book' in handing out private sector contracts in the sponsorship scandal. In his column for CTVNews.ca, Don Martin says the book has been broken anew with everything that went on behind the scenes of the 'dreaded' ArriveCan app.
CTVNews.ca Top Stories
Montreal doctors' breakthrough discovery about causes of cerebral palsy giving hope
A breakthrough discovery made by doctors at the Montreal Children's Hospital about the causes of cerebral palsy is giving new hope to one West Island family.
Weather alerts issued for 7 provinces, 1 territory
Warnings of up to 60 millimetres of rain and other alerts have been issued for seven Canadian provinces and one territory ahead of the Easter weekend.
Ontario homeowner on the hook for $27,000 when contractor severed power line
An Ontario man who built a garage on his property has been locked in a battle with his electricity provider for a year and half over a severed power line.
He didn't trust police but sought their help anyway. Two days later, he was dead
Jameek Lowery was among more than 330 Black people who died after police stopped them with tactics that aren’t supposed to be deadly, like physical restraint and use of stun guns, The Associated Press found.
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
Why Kim Kardashian is being sued for 'knockoff' furniture
The estate of minimalist contemporary artist Donald Judd filed a lawsuit against Kardashian this week, claiming the fashion and beauty mogul promoted 'cheap knockoffs' of his furniture designs.
Where is the worst place for allergy sufferers in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
Louis Gossett Jr., 1st Black man to win supporting actor Oscar, dies at 87
Louis Gossett Jr., the first Black man to win a supporting actor Oscar and an Emmy winner for his role in the seminal TV miniseries 'Roots,' has died. He was 87.
Local Spotlight
Conservation officers seize 9-foot python from Chilliwack home
B.C. conservation officers recently seized a nine-foot-long Burmese python from a home in Chilliwack.
N.B. man wins $64 million from Lotto 6/49
A New Brunswicker will go to bed Thursday night much richer than he was Wednesday after collecting on a winning lottery ticket he let sit on his bedroom dresser for nearly a year.
Ontario auto-insurance changes could leave some vulnerable, says expert
The Ontario government is introducing changes to auto-insurance, but some experts say the move is ill-advised.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
A tiny critter who could: Elusive Newfoundland Marten makes improbable comeback
Newfoundland’s unique version of the Pine Marten has grown out of its threatened designation.
Ontario man loses $12K to deepfake scam involving Prime Minister Justin Trudeau
A Toronto man is out $12,000 after falling victim to a deepfake cryptocurrency scam that appeared to involve Prime Minister Justin Trudeau.
Record-setting pop tab collection for Ontario boy
It started small with a little pop tab collection to simply raise some money for charity and help someone — but it didn’t take long for word to get out that 10-year-old Jace Weber from Mildmay, Ont. was quickly building up a large supply of aluminum pop tabs.
'I was just like, holy cow!': Saskatoon dumpster divers reclaim wasted valuables
There’s a group of people in Saskatoon that proudly call themselves dumpster divers, and they’re turning the city’s trash into treasure.
Ontario to balance budget ahead of 2026 election, citing delay due to 'economic uncertainty'
Ontario is facing a larger than anticipated deficit but the Doug Ford government still plans to balance its books before the next provincial election.