Canadian man Roger Foley’s case ignites debate over medical assistance in dying legislation

The ongoing case of Roger Foley, a 45-year-old Canadian man suffering from an incurable degenerative neurological disorder, has put a spotlight on the country’s medical assistance in dying (MAiD) legislation. Foley, a former e-business manager at the Royal Bank of Canada, has been hospital-bound since 2015 due to his debilitating condition, cerebellar ataxia. Allegedly, Foley was offered a choice by hospital staff: either pay $1,800 a day for continued hospital care, return home to receive possibly inadequate care, or opt for medical assistance in dying.

Insisting his basic human rights were being violated, Foley has sued the hospital, care providers, and both provincial and federal governments of Canada. His case criticizes the country’s MAiD provisions, arguing they dangerously facilitate assisted suicide for vulnerable individuals without actual attempts to alleviate their suffering.

During a hearing from his hospital bed via Zoom, Foley informed MPs of the Canadian House of Commons Standing Committee on Justice and Human Rights that assisted dying was more readily accessible than safe and appropriate disability support. Foley claimed that he felt coerced into considering MAiD because his acute care needs weren’t being reasonably managed by the hospital.

Changes to Canada’s MAiD laws were implemented in 2021, removing the requirement that death be “reasonably foreseeable”. This amendment, achieved after a successful challenge in the Quebec Superior Court, allows for assisted suicide in cases of non-terminal illness. However, advocates for the rights of disabled individuals have argued that such changes present a “moral affront” and pose a growing threat to the lives of people with non-terminal disabilities.

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