{"status":"success","siteTitle":"Assisted Lab\nLiving Archive of Assisted Dying","title":"\u2018Recordings\u2019 by Roger Foley","slug":"recordings","url":"https:\/\/assistedlab.ch\/audio\/recordings","body":"<p>Roger Foley recorded and published excerpts of conversations between himself and medical staff in which the staff present him with the option of assisted dying. Roger describes himself as a young man dying of cerebellum ataxia, a degenerative neurological disease. At the time the recordings were made, he had been living in a London, Ontario, hospital for over two years. Although Roger wanted to live in his own home, he had been refused self-directed government funding that would allow him to do so. Roger presents these recordings as an example of coercion people with disabilities face to seek medical assistance in dying. He contends that the health care system treats medical assistance in dying as the preferred treatment option at the expense of alternatives that would allow people with disabilities like himself to lead assisted lives.<\/p><p>The audio recordings were made in 2018 (and currently available at rogerfoleymusic.com) following the initial legalization of medical assistance in dying in Canada. The recordings drew press coverage in Canada and beyond. They also drew the eye of the UN Human Rights Council\u2019s Special Rapporteur on the rights of persons with disabilities. The Special Rapporteur, Catalina Devandas-Aguilar, visited Canada in April 2019. In her report, she highlighted concerns that Canada did not have a protocol requiring that viable alternatives be provided to people with disabilities before medical assistance in dying was approved. The Special Rapporteur recommended that the government investigate allegations that persons with disabilities were being pressured into seeking medical assistance in dying and were seeking the practice because they did not have access to community supports or choices about their care. The Special Rapporteur\u2019s visit to Canada came shortly after the Truchon decision, which found unconstitutional the requirement that natural death be reasonably foreseeable before medical assistance in dying was accessible. In her report, the Special Rapporteur expressed concerns that the Truchon decision would increase pressure on people with disabilities to choose medical assistance in dying because of inadequate supports. Roger went on to testify about his experience of coercion before the House of Commons Standing Committee on Justice and Human Rights. He testified during debates on Bill C-7, which implemented the Truchon decision and expanded medical assistance in dying in Canada.<\/p><p>* <em>Addendum on 30 September 2026<\/em>:<\/p><p>The two audio recordings Roger Foley made available on his website can be downloaded as MP3 files, each about 2-minutes long. They feature Foley\u2019s voice in conversation with healthcare workers at London Health Sciences Centre, where \u2013 as <em>CTV News<\/em> reports \u2013 Foley had \u2018been stuck in a hospital bed for more than two years\u2019. One file displays the date \u2018Sept1st2017\u2019 and is presented as \u2018Hospital Ethicist With Management Soliciting Patient Roger Foley To Have Assisted Dying (Euthanasia)\u2019; the other is dated \u2018Jan21st2018\u2019 and described as \u2018Hospital Charge Nurse Soliciting Assisted Dying (Euthanasia) To Patient Roger Foley\u2019 (note Foley\u2019s website presents the later recording first). In the 2017 recording, the voice of a man (presumably the ethicist) is heard saying Foley would have to pay to remain in hospital; when Foley asks how much, the man responds, \u2018north of $1,500 a day\u2019. Foley retorts that, according to the Ontario health minister, it\u2019s \u2018not legal\u2019 to coerce patients into discharge. The man explains he doesn\u2019t use \u2018this conversation in every situation\u2019 but \u2018only in situations where somebody has a plan in the community that is feasible that they\u2019re not going to accept\u2019 \u2013 suggesting there was an outpatient plan Foley should agree to. When Foley expresses shock at the existence of such a plan, made without his knowledge, the man brings up medical assistance in dying (MAiD): \u2018Roger, this is not my show. I told you my piece of this was to talk to you about if you had interest in assisted dying\u2019. The 2018 recording reveals a different man (presumably a charge nurse) asking Foley, \u2018Are you feeling like you want to harm yourself or anything like that?\u2019. Foley admits he\u2019s \u2018always thinking\u2019 about ending his life \u2018because of the way things are going\u2019, but immediately adds, \u2018if I had self-directed funding, I\u2019d be fine\u2019. Apparently ignoring Foley\u2019s conditional sentence, his interlocutor proposes MAiD: \u2018But if you weren\u2019t\u2026 you can just apply to get an assisted [sic] if you want to end your life\u2019.<\/p><p>In a 2018 statement, Foley declared he released these recordings because he wanted the public to know \u2018the real truth before it is too late for my voice to be heard\u2019. <em>CTV News<\/em> refers to the files as \u2018audio excerpts\u2019, but it is unclear whether they are clippings of longer recordings and whether there are other files; in any case, in 2024 Foley told activist Amanda Achtman that he was offered euthanasia multiple times, indicating the recordings constitute examples of a larger pattern. Though the MP3s appear more as advocacy material than as adjudicated evidence, they reveal hospital staff (not Foley) bringing up MAiD in a context that involves financial considerations \u2013 which ethicist Tom Koch found \u2018sad and shocking\u2019, and Prof. Tim Staiton considered to \u2018present a deeply concerning picture\u2019, as reported by <em>CTV News<\/em>. However, according to the <em>Canadian Association of MAiD Assessors and Providers<\/em>, hospital staff can initiate conversations about assisted dying, as long as MAiD is \u2018represented as one of the treatment options and not a coercive recommendation to a vulnerable patient\u2019. As specified by <em>Right to Life UK <\/em>in 2022, Foley \u2018secretly recorded\u2019 the conversations; even so, the lack of consent from the hospital staff would not render the files inadmissible in court, as Canada follows a one-party consent rule for audio forensics \u2013 and Foley\u2019s voice is in the  recordings. The fact that Foley is a musical artist also lends legitimacy to his usage of audio as a familiar medium. The recordings appear in his website under the subheading \u2018The Journey\u2019\u2013 between a section describing the \u2018The Music of Roger Foley\u2019 and one promoting \u2018Self-Directed Funding Home Care\u2019 as \u2018a model that allows people with disabilities to choose, hire, and manage their own caregivers\u2019. By scrolling through the site\u2019s homepage, one also finds merch to support Foley\u2019s self-directed funding, photos of his musical performances, and prominent audio and videoclip versions of his signature song \u2018Limitless with Limitations\u2019. The juxtaposition of the hospital recordings with merch makes them function as another instrument to get Foley closer to his goal of self-directed funding. While we don\u2019t know which audio files have been shared as potential evidence in the lawsuits initiated by Foley, the presence of the MP3s in his website has influenced the court of public opinion.<\/p>","cover":{"ratio":1.5003663003663004,"url":"https:\/\/assistedlab.ch\/media\/pages\/audio\/recordings\/735c55d68c-1713881223\/foley_image_v2-2410x-q90.jpg","caption":"\u00a9 Navy Medicine, Flickr, 2020"},"data":[{"title":"Title","value":"\u2018Recordings\u2019 by Roger Foley"},{"title":"Author","value":"Roger Foley"},{"title":"Year","value":"2018"},{"title":"Language","value":"English"},{"title":"Tags","value":"Disability Critiques \u2022 Inadequate Care \u2022 New Media"},{"title":"Legislative context","value":"Bill C-7: An Act to amend the Criminal Code (medical assistance in dying), 2021 (Canada) \u2022 Bill C-14: An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), 2016 (Canada)"},{"title":"Author of entry","value":"Robyn Otto, addendum by Carlos A. Pittella"},{"title":"First published","value":"01.08.2024"},{"title":"Last updated","value":"30.09.2026"}],"toggles":[{"title":"Reviews","list":[{"text":"\u2018Chronically ill man releases audio of hospital staff offering assisted death\u2019, CTV News, 2018","link":"https:\/\/www.ctvnews.ca\/health\/article\/chronically-ill-man-releases-audio-of-hospital-staff-offering-assisted-death\/","pathname":"ctvnews.ca"}]},{"title":"Media citations","list":[{"text":"\u2018Canadian man offered euthanasia multiple times\u2019, EWTN News, 2024","link":"https:\/\/www.ewtnnews.com\/world\/americas\/ottawa-man-offered-euthanasia-multiple-times-i-don-t-want-to-give-up-my-life","pathname":"ewtnnews.com"},{"text":"David Brooks, \u2018The Outer Limits of Liberalism\u2019, The Atlantic, 2023","link":"https:\/\/www.theatlantic.com\/magazine\/archive\/2023\/06\/canada-legalized-medical-assisted-suicide-euthanasia-death-maid\/673790\/","pathname":"theatlantic.com"},{"text":"Jeremy Appel, \u2018The Problems With Canada\u2019s Medical Assistance in Dying Policy\u2019, Jacobin, 2023","link":"https:\/\/jacobin.com\/2023\/01\/canada-medically-assisted-dying-poverty-disability-eugenics-euthanasia","pathname":"jacobin.com"},{"text":"Michael Kaplan, \u2018Canadian Man: Assisted Suicide Being Pushed on Me by Hospital\u2019, New York Post, 2022","link":"https:\/\/nypost.com\/2022\/11\/08\/canadian-man-assisted-suicide-being-pushed-on-me-by-hospital\/","pathname":"nypost.com"},{"text":"Harold Braswell, \u2018Canada is plunging toward a human rights disaster for disabled people\u2019, Washington Post, 2021","link":"https:\/\/www.washingtonpost.com\/outlook\/canada-is-heading-toward-a-human-rights-disaster-for-disabled-people\/2021\/02\/19\/01cbfca4-7232-11eb-85fa-e0ccb3660358_story.html","pathname":"washingtonpost.com"},{"text":"Kathleen Harris, \u2018Disability advocates say assisted dying bill fails to protect vulnerable Canadians\u2019, CBC News, 2020","link":"https:\/\/www.cbc.ca\/news\/politics\/maid-assisted-dying-legislation-disabilities-1.5796697","pathname":"cbc.ca"},{"text":"Ray Pennings, \u2018Why the federal rush to amend assisted dying legislation is risky\u2019, CBC News, 2020","link":"https:\/\/www.cbc.ca\/news\/opinion\/opinion-assisted-dying-legislation-maid-1.5437433","pathname":"cbc.ca"},{"text":"Steven Forbes, \u2018Time to Terminate Assisted Dying\u2019, Forbes, 2018","link":"https:\/\/www.forbes.com\/sites\/steveforbes\/2018\/09\/11\/time-to-terminate-assisted-dying\/?sh=1afdba337888","pathname":"forbes.com"},{"text":"\u2018The solution is assisted life: Offered death, terminally ill Ont. man files lawsuit\u2019, CTV News, 2018","link":"https:\/\/www.ctvnews.ca\/health\/article\/the-solution-is-assisted-life-offered-death-terminally-ill-ont-man-files-lawsuit\/","pathname":"ctvnews.ca"}]},{"title":"Interest Group citations","list":[{"text":"\u2018Victory in Court \u2014 But the Fight for Roger Continues\u2019, Life Legal Defense Foundation, 2026","link":"https:\/\/lifelegal.org\/victory-in-court-but-the-fight-for-roger-continues\/","pathname":"lifelegal.org"},{"text":"Amanda Achtman, \u2018A Passion to Live | Roger Foley\u2019s Story\u2019, Dying to Meet You project \u2013 YouTube, 2024","link":"https:\/\/www.youtube.com\/watch?v=yQq5jOMIFLo","pathname":"youtube.com"},{"text":"\u2018Canadian man alleges hospital is pressuring him to end his life by assisted suicide\u2019, Right to Life (UK), 2022","link":"https:\/\/righttolife.org.uk\/news\/canadian-man-alleges-hospital-is-pressuring-him-to-end-his-life-by-assisted-suicide","pathname":"righttolife.org.uk"},{"text":"\u2018Disabled Canadian Issues Warning About Assisted Dying Law, Society for the Protection of Unborn Children (UK)\u2019, 2020","link":"https:\/\/web.archive.org\/web\/20240517134447\/https:\/\/spuc.org.uk\/Article\/384626\/Disabled-Canadian-Issues-Warning-About-Assisted-Dying-Law","pathname":"web.archive.org"},{"text":"\u2018Canada offers Assisted Suicide but Not Assisted Living\u2019, Australian Care Alliance, 2018","link":"https:\/\/web.archive.org\/web\/20190721130346\/https:\/\/www.australiancarealliance.org.au\/canada_assisted_suicide_not_assisted_living","pathname":"web.archive.org"},{"text":"\u2018Canada\u2019s Medical Assistance in Dying Regulations Fall Short\u2019, Council of Canadians with Disabilities, 2018","link":"http:\/\/www.ccdonline.ca\/en\/humanrights\/endoflife\/Media-Release-4Sept2018-MAiD-Regulations-Fall-Short","pathname":"ccdonline.ca"}]},{"title":"Legal and Paralegal citations","list":[{"text":"Ontario Superior Court of Justice, \u2018Foley v. Victoria London Health Sciences Centre, 2024 ONSC 4978\u2019 (dismissal for non-compliance), 9 September 2024","link":"https:\/\/canlii.ca\/t\/k6rht","pathname":"canlii.ca"},{"text":"Ontario Superior Court of Justice, \u2018Foley v. Victoria London Health Sciences Centre, 2024 ONSC 2848\u2019 (requisition for plaintiff to pay outstanding costs), 17 May 2024","link":"https:\/\/canlii.ca\/t\/k4spn","pathname":"canlii.ca"},{"text":"Ontario Superior Court of Justice, \u2018Foley v. Victoria Hospital London Health Sciences Centre, 2023 ONSC 7155\u2019 (dismissal of constitutional challenge and striking out of claim), 19 December 2023","link":"https:\/\/canlii.ca\/t\/k1zq8","pathname":"canlii.ca"},{"text":"Ontario Superior Court of Justice, \u2018Foley v. Victoria Hospital London Health Services Centre, 2023 ONSC 4978\u2019 (dismissal of litigant\u2019s motion to disqualify opposing counsel), 31 August 2023","link":"https:\/\/canlii.ca\/t\/jzzhk","pathname":"canlii.ca"},{"text":"All-Party Parliamentary Group for Dying Well (UK), \u2018Roger Foley\u2019, Web Archive, archived 17 June 2021","link":"https:\/\/web.archive.org\/web\/20210617060707\/https:\/\/www.dyingwell.co.uk\/stories\/roger-foley\/","pathname":"web.archive.org"},{"text":"Standing Senate Committee on Legal and Constitutional Affairs, \u2018Subject matter of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)\u2019, Senate of Canada, February 2021","link":"https:\/\/sencanada.ca\/content\/sen\/committee\/432\/LCJC\/reports\/LCJC_Pre-studyReportC-7_e.pdf","pathname":"sencanada.ca"},{"text":"\u2018Debates of the Senate\u2019, 43-2, vol. 152, no. 28, Senate of Canada, 16 February 2021 (Hon. Jim Munson)","link":"https:\/\/sencanada.ca\/en\/content\/sen\/chamber\/432\/debates\/028db_2021-02-16-e","pathname":"sencanada.ca"},{"text":"Roger Foley, \u2018Brief to Senate Committee on Legal and Constitutional Affairs\u2019, Senate of Canada, 1 December 2020","link":"https:\/\/sencanada.ca\/Content\/Sen\/Committee\/432\/LCJC\/briefs\/LCJC_C-7_Brief_RogerFoley_e.pdf","pathname":"sencanada.ca"},{"text":"Standing Senate Committee on Legal and Constitutional Affairs, \u2018Evidence\u2019, 43-2, no. 5, Senate of Canada, 26 November 2020 (Hon. Donald Plett, Member)","link":"https:\/\/sencanada.ca\/en\/Content\/Sen\/Committee\/432\/LCJC\/05ev-55075-e","pathname":"sencanada.ca"},{"text":"VPS (Vulnerable Persons Standard) advisors, \u2018Failing People with Disabilities who Experience Systemic Suffering: Gaps in the Monitoring System for Medical Assistance in Dying \u2013 A Brief to the Standing Senate Committee on Legal and Constitutional Affairs\u2019 Pre-Study of Bill C-7\u2019, Senate of Canada, 23 November 2020","link":"https:\/\/sencanada.ca\/content\/sen\/committee\/432\/LCJC\/Briefs\/VulnerablePersonsStandard_e.pdf","pathname":"sencanada.ca"},{"text":"Standing Committee on Justice and Human Rights, \u2018Evidence\u2019, JUST 43-2, no. 6, House of Commons of Canada, 10 November 2020 (Roger Foley, as an individual)","link":"https:\/\/www.ourcommons.ca\/DocumentViewer\/en\/43-2\/JUST\/meeting-6\/evidence#Int-11001523","pathname":"ourcommons.ca"},{"text":"Ontario Superior Court of Justice, \u2018Foley v. Victoria London Health Sciences Centre\u2019 (Statement of claim and claim), 22 August 2018","link":"https:\/\/web.archive.org\/web\/20201111033136\/http:\/\/www.assistedlife.ca\/superiorcourt-assistedlifecase.pdf","pathname":"web.archive.org"}]}]}