Are the Conservatives on the wrong side of assisted dying?

Six months ago the Supreme Court, in a unanimous decision, struck down the federal prohibition against physician-assisted dying. It ruled the ban violates Canadians’ Charter rights. It gave the federal and provincial governments a year to introduce legislation to permit the practice.

Since then the Conservative government has done its best to keep the issue off the national agenda. After months of inaction, Justice Minister Peter MacKay announced a week ago the creation of a panel to conduct public consultations.

The choice of panel members raises serious concerns for those who support assisted dying. Two of the three members, Dr. Harvey Chochinov, who is the chair, and Prof. Catherine Frazee, have been vocal opponents of the right to assisted death. Both testified before the Supreme Court last October, arguing against allowing it.

Furthermore, the delay in setting up the panel means it will not be able to report until after the October election. While MacKay initially said he would not ask the court for an extension beyond February, he now says if his government is re-elected, it will apply to the Supreme Court to extend the 12-month deadline.

All this leaves the thousands of Canadians who are experiencing intolerable suffering and pain in a state of fear and uncertainty.

Wanda Morris, CEO of Dying with Dignity Canada — of which I am a patron — says the government is placing the burden of its inaction on those facing terrible deaths. “No one should be left to linger in anguish just because the government doesn’t want to deal with this issue during an election,” she said.

Why are the Conservatives so concerned about assisted dying? And will they end up on the wrong side of this issue in the October election?

The government argued before the Supreme Court that maintaining the ban on assisted suicide would demonstrate that all lives are worthy of protection, particularly those of the disabled. The court pointed out there are proven protocols in assisted-dying jurisdictions that protect against potential abuses.

More to the point, Stephen Harper’s caucus includes a large group of MPs who are strongly pro-life and firmly opposed to any form of physician-assisted death. Some of them have pressed Harper to invoke the notwithstanding clause to override the Supreme Court’s ruling and reinstate the ban on assisted dying.

Recent studies show the views of Harper’s caucus core are not shared by most Canadians. The vast majority of us (84%) agree a doctor should be able to help someone end their life if the person is a competent adult who is terminally ill, suffering unbearably and repeatedly asks for assistance to die.

Last year, Ipsos Reid carried out the most comprehensive Canadian survey ever taken into the public’s perception of physician-assisted death. It revealed a strong national consensus that is not being reflected in the government’s stance.

Nine in 10 agree a person should not be forced to endure drawn-out suffering. A similar number agree that palliative care is important, but not enough.

There were high levels of support from religious as well as non-religious people. Eighty per cent of all Christians support assisted dying, including 83 per cent of Roman Catholics.

The severely disabled — those the Conservatives say they want to protect from abuse — are 85 per cent in favour. Members of regulated health professions express this same level of support.

Support was highest in Nova Scotia, British Columbia, Ontario and Quebec. Since the study, Quebec became the first province to legalize doctor-assisted death on a free vote in which 80 per cent of members of the legislature voted in favour.

There are also insights into the political preferences of those who support assisted dying. The Ipso Reid survey found 90 per cent of Liberal and 89 per cent of NDP committed voters support assisted dying. While Conservative voters are less likely to agree, their 77-per-cent support is much higher than expected, and in sharp contrast to the views of the government they support.

The party that wins Ontario in the coming election will likely win the country. Support for assisted dying is strong across all regions of the province, but particularly high in the vote-rich Greater Toronto Area and 905 area code.

Last year, the Canadian Medical Association softened its position opposing physician-assisted dying. The association’s general council voted 91 per cent in favour of allowing CMA members to follow their own conscience when deciding whether to provide medical aid in dying.

The opposition parties have shied away from leading on this issue, but they have pushed the government to act. The Liberals support doctor-assisted suicide and the NDP want the Criminal Code to be “modernized”.

The vast majority of the public — people of all political stripes, the medical profession and people in every region — say those facing horrible deaths have a right to end their lives with the help of a physician. The coming election is an opportunity for those who are part of this national consensus to call on federal and provincial lawmakers to develop new rules around end of life choices.

R. Michael Warren is a former corporate director, Ontario deputy minister, TTC chief general manager and Canada Post CEO. r.michael.warren@gmail.com