Dignity For All

 

 
 

Standing with disability advocacy organizations, human rights experts, medical professionals, and faith leaders across Canada, Christian Legal Fellowship (CLF) has been a public voice for the rights of marginalized patients in need of support to live with dignity.

CLF’s longstanding life-affirming work defending every person’s inherent right to life is anchored in our deep conviction that every human life deserves respect and full legal protection (as set out in Article 10 of the UN Convention of the Rights of Persons with Disabilities).

When euthanasia/assisted suicide (known as medical assistance in dying or “MAID” in Canada) was legalized in Canada in 2016 with Bill C-14, it was only made available to those whose natural death was already “reasonably foreseeable”, in keeping with the Supreme Court of Canada’s decision in Carter v Canada (where CLF intervened). MAID was understood as “hastening” death in the end-of-life context, and limited to those who were already dying or near death – not those with potentially many years left to live.

We have since seen MAID become a response to all kinds of suffering, including disability-related suffering. CLF’s advocacy on these pressing issues will continue.

 
 

 

CLF’s ADVOCACY

special joint committee on medical assistance in dying (AMAD)

 
  • On May 13, 2026, CLF submitted a letter to members of the Special Joint Committee on Medical Assistance in Dying (“AMAD Committee”), urging them to permanently halt the expansion of assisted death (“MAID”) for mental illness, currently scheduled to take effect on March 17, 2027 (read more).

  • On November 16, 2023, CLF submitted a brief to the AMAD Committee, urging it to reverse Canada’s proposed expansion of MAID for mental illness. Recent studies have highlighted serious concerns around lack of access to care for mental health in Canada. Instead of prioritizing MAID for psychiatric conditions, CLF's brief urges Parliament to "prioritize mental health supports that offer all Canadians the ability to live with dignity" (read more).

  • On October 21, 2022, Derek Ross, CLF’s Executive Director & General Counsel, was invited to appear before Parliament's AMAD Committee. The Committee undertook a “statutory review of the provisions of the Criminal Code relating to Medical Assistance in Dying and their application”, including issues relating to mature minors, advance requests, mental illness, the state of palliative care in Canada and the protection of Canadians with disabilities. CLF previously filed a written brief with the Committee.

During his presentation, Derek shared CLF’s concerns that “palliative care and disability supports were not accessible in hundreds of MAID cases thus far”. He recommended that patients not just be “informed” of care options, but offered consultations with professionals who provide care to relieve their suffering, including palliative care. He also urged the Committee to reject any proposals to allow euthanasia for infants with disabilities. You can watch Derek’s intervention here (beginning at the 8:52 mark) (read more).

 
 

 

Advocating for conscience protection in healthcare in Canada and worldwide

 
  • In 2023, a peer-reviewed book, Medical Assistance in Dying (MAID) in Canada: Key Multidisciplinary Perspectives was published. Derek Ross, Executive Director and General Counsel for Christian Legal Fellowship and Deina Warren, Director of Legal Affairs at the Canadian Centre for Christian Charities, contributed a chapter on “The Importance of Conscience as an Independent Protection”.

  • On May 14, 2021, CLF made written submissions to the College of Physicians and Surgeons of Ontario (CPSO) concerning its medical assistance in dying and human rights policies, as part of a CPSO consultation. Among other concerns, CLF urged the CPSO to modify its “effective referral” requirements for MAID, especially in light of Bill C-7's expansion of MAID for many more patients, including those who are not dying.

  • On May 28, 2021, CLF submitted a response to the World Medical Association’s (WMA) proposed amendments to the International Code of Medical Ethics. Our submissions cautioned against the adoption of a statement in support of mandatory effective referrals in cases of conscientious objection. 

  • On September 1, 2021, CLF made written submissions to the UN Committee on the Rights of Persons with Disabilities, which has been examining how to “build back better” from the COVID-19 pandemic from a disability rights perspective. CLF commented on the intersection of the COVID-19 pandemic and Canada’s expanding MAiD regime, including the disproportionate impact that restrictions have had on persons with disabilities, the expansion of eligibility of MAiD to include disability-related suffering, and the rise in patients seeking MAiD due to suffering caused by “isolation/loneliness”.

    See more on CLF’s ongoing work to protect freedom of conscience in healthcare below.

 
 

 

Bill C-7

 

On March 17, 2021, Bill C-7 received royal assent and is now law in Canada.
Read more about
what this means for Canadians.


CLF’s Written Submissions

On October 31, 2020, CLF submitted a detailed brief to the Standing Committee on Justice and Human Rights (JUST), which is currently reviewing Bill C-7, the federal government’s expansion of MAID to those who are not dying or near death (known as “Track 2 MAID”).

On November 18, 2020, CLF submitted a detailed brief to the Standing Senate Committee on Legal and Constitutional Affairs in relation to Bill C-7, in English and French.

On February 8, 2021, CLF submitted a letter to all members of both houses of the Canadian Parliament, urging them to halt Bill C-7, and drawing their attention to specific UN concerns about the proposed legislation. On February 22, 2021, CLF submitted a letter to Parliament, urging them to reject Bill C-7, as amended by the Senate.

CLF's Oral Submissions

On November 25, 2021, CLF’s Derek Ross was invited to appear before the Senate Committee to provide oral submissions:

Part I: CLF’s submissions to the Senate re: Bill C-7 (expanding euthanasia)

Part II: Questions from the Senate re: Bill C-7 (expanding euthanasia)

Bill C-7, which was passed into law on March 17, 2021, removed the eligibility requirement that MAiD recipients be at the end of life, making euthanasia available to those who are not dying or near death. It also removed several other key safeguards, including the 10-day waiting period in cases where the patient is near the end of life, the requirement for a second independent verification of requests for MAiD, and, in some cases, the requirement that a patient expressly reaffirm his or her consent to MAiD immediately prior to receiving the lethal injection. 

CLF’s submissions to Parliament higlighted that MAID has been performed in Canada on patients who need, but do not have access to, palliative care and/or disability support services. CLF’s briefs further highlighted Canadian cases in which euthanasia has been administered in violation of applicable law, and urged the creation of an independent review body to investigate such cases moving forward. 

CLF also endorsed the recommendation of the Office of the Correctional Investigator seeking a moratorium of euthanasia in prisons after each case he reviewed raised “fundamental questions around consent, choice, and dignity.”

CLF members drafted an open letter to Parliament, signed by over 140 lawyers, law students, and others – including the Hon. David Onley, former Lieutenant Governor of Ontario – defending the right to life of all Canadians (see below).

 
 

 

COUNCIL OF CANADIAN ACADEMIES

 

In 2017, CLF urged the Council of Canadian Academies (CCA) to consider Canada’s most vulnerable and broader societal commitments in its review of euthanasia expansion as it relates to mature minors, advance requests, and where mental illness is the sole underlying medical condition (known as MAID MD-SUMC). In this submission, CLF highlighted its longstanding advocacy dating back to 2011 (with hyperlinks to facta, briefs, and background papers) on matters relating to assisted suicide in Canada.

 
 

 

Joint Submissions

OPEN LETTER RE: ASSISTED SUICIDE FOR MENTAL ILLNESS (2024)

 

An open letter was signed by over 170 lawyers, law students, and others calling on the federal government to permanently halt the proposed expansion of MAID for mental illness, and to affirm the equality and dignity of every human life.

Read more about the letter and see the list of signatories here. You can also read the letter below.

 
 
 
 

 

Open Letter re: Bill C-7 (2020)

 

An open letter was signed by over 140 lawyers, law students, and others - including the Hon. David Onley, former Lt. Gov. of Ontario - defending the right to life of all Canadians.

Read more about the letter and see the list of signatories here. You can also read the letter below, in English and French.

 

Read the Statement in English

Lisez la déclaration en français

 

 

INTERVENTIONS

ADVOCATING AS A FRIEND OF THE COURT

2018: TRUCHON C procureur général du canada (québec superior court)

 

CLF intervened in the matter of Truchon c Procureur général du Canada, submitting that the requirement that death be “reasonably foreseeable” in order to access MAID was both a valid and important safeguard in fulfilling the legislation’s objectives (read CLF’s factum in French, as well as the unofficial English translation). Special thanks to Robert Reynolds for preparing and writing this factum, and representing CLF before the court.

CLF pointed to evidence in the record, including experts who expressed concerns that an open-ended euthanasia regime would undermine suicide-prevention efforts, as well as evidence from Holland which showed an increase in suicide generally following the legalization of euthanasia in that country. CLF quoted legal expert Prof. Trudo Lemmens:

The more we move away from the end-of-life context, the harder it is also to argue that the practice is not a substitute for suicide.
— Trudo Lemmens, “Charter Scrutiny of Canada's Medical Assistance in Dying Law and the Shifting Landscape of Belgian and Dutch Euthanasia Practice” (2018), 85 SCLR (2nd Series) 459-544 at 54

CLF also made detailed legal submissions about why the provisions were rationally connected and proportionate to the objectives of the law, and therefore constitutional.

Ultimately, the Québec Superior Court struck down the legal requirement that MAID be available only to those whose natural death is “reasonably foreseeable” (read CLF’s analysis here).

Despite over 65 disability rights organizations and allies urging the federal government to appeal the Truchon ruling, the decision was not appealed. This letter emphasized how the “end of life criterion” struck a careful balance and was designed to counter the message “that disability-related suffering, largely caused by lack of support and inequality, justifies the termination of a person’s life”. This submission was subsequently endorsed by over 250 physicians, who stressed the need to establish better support systems for patients before expanding MAID eligibility.

 

2012-2015: CARTER V CANADA

 

CLF was one of the few organizations to intervene at all three levels of court in the Carter case, which challenged the provisions of the Criminal Code that made it a criminal offence to end of the life of another person.

In 2015, the Supreme Court of Canada partially struck down the provisions on the basis of section 7 of the Charter, finding that a blanket criminalization of assisted suicide violates individuals’ right to security of the person. This violation was not justified under section 1 of the Charter, being a broader than necessary means for achieving Parliament’s legislative objective - which the SCC interpreted as protecting vulnerable persons from being induced to commit suicide in a moment of weakness.

CLF was also actively involved in post-Carter consultations before the federal Panel on Assisted Suicide.

 
 

 

ADVOCATING FOR FREEDOM OF CONSCIENCE

2026: O’NEILL V BRITISH COLUMBIA (Minister of health)

 

CLF has intervened in the matter of O’Neill v British Columbia (Minister of Health), which involves a constitutional challenge to a religious accommodation, adopted by the B.C. Government, that protects faith-based organizations from being forced to have MAID performed within their premises. The plaintiffs argue that this policy imposes additional burdens and distress on patients who must be transferred elsewhere to receive MAID, and that these burdens are rooted in religious beliefs which those patients do not share.

In Carter, the case that led to the decriminalization of MAID in Canada, the courts only said that willing physicians may offer MAID in some circumstances, not that all health-care communities must do so, contrary to their medical ethics. In fact, the Supreme Court of Canada specifically recognized that “a physician’s decision to participate in assisted dying is a matter of conscience and, in some cases, of religious belief” and that “the Charter rights of patients and physicians will need to be reconciled”.

CLF’s submissions as a friend of the court focussed on the importance of achieving true reconciliation and balancing of competing Charter rights (read more here). We await the Court’s judgment.

 

2017/2018: Christian Medical and Dental Society v College of Physicians and Surgeons of Ontario

 

CLF intervened jointly in the matter of Christian Medical and Dental Society (CMDS) v College of Physicians and Surgeons of Ontario (CPSO), together with the Evangelical Fellowship of Canada and the Assembly of Catholic Bishops of Ontario (read the interveners’ factum here).

In Ontario, the CPSO mandated that doctors who are unable to directly perform controversial procedures (such as euthanasia/assisted suicide and abortion) must nevertheless facilitate such procedures by taking a number of positive steps to provide an “effective referral” to a willing and available physician, despite any conscientious or religious objection the physician may have.

Following the court’s decision upholding the CPSO’s policy as constitutionally valid, the interveners issued joint statement:

The court recognized that the policy is a serious violation of the freedom of religion of the physicians. We see no reason why the CPSO does not avail itself of alternative approaches used in other jurisdictions that do not violate such an important freedom. In a religiously diverse and secular society, the state has the obligation to welcome and accommodate religious individuals who contribute to the public good. We respectfully disagree with the Court decision that the approach taken by the College was an appropriate balancing of the rights of patients and doctors. All other jurisdictions in Canada and abroad have found ways to respect both.
 
 

 

LEGAL UPDATES