‘Recordings’ by Roger Foley

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.

The audio recordings were made in 2018 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's 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’s 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.