A/HRC/43/41/Add.2 disabilities have closed in Ontario, many persons with disabilities receive residential support in nursing homes because of the lack of adequate community support. 65. In British Columbia, Choice in Supports for Independent Living is a self-directed option for eligible persons with physical disabilities. It is a self-managed model of care whereby persons with disabilities receive funds and assume full responsibility for managing their own services. However, the amount of money provided is insufficient to cover all support needs, which often need to be supplemented with services paid for out-of-pocket. Neither the Ontario or British Columbia self-directed programmes are “portable”, meaning that persons with disabilities from those provinces risk losing their payments and access to services if they move to other parts of the country. 66. Access to support services for children and youth with disabilities remains problematic. For example, in Quebec two thirds of families with at least one child with disabilities reported not receiving the support they needed and, in some regions, persons with disabilities were on waiting lists for family support for as long as five years. In most provinces and territories, the organization of service provision is fragmented, undermining continuity and complementarity. Family members have to take over the responsibility of providing support, give up their jobs to provide personal care, manage the delivery of multiple services and make themselves available at short notice when service provision is cancelled. The Special Rapporteur was informed that parents might consent to foster care placement because it is the only option available. At the age of 18, young persons with disabilities who cannot be supported by their families’ risk being placed in nursing homes for older persons. 67. In November 2017, the Government launched the National Housing Strategy, which set targets to make 20 per cent of the new units and 20 per cent of renewed housing accessible for persons with disabilities. Some 2,400 new units will be created for persons with intellectual disabilities. While acknowledging these measures, the Special Rapporteur notes that absent adequate income support and services to live independently in the community, major investments in infrastructure alone will not lead to systemic improvements in housing for persons with disabilities. H. Right to life 68. In June 2016, the Parliament of Canada passed federal legislation allowing adults to request medical assistance in dying. The Criminal Code was amended to allow physicians and nurse practitioners to provide medical assistance in dying and to allow pharmacists, family members or other people to assist in the process without being charged under criminal law. 21 As a general rule, the Criminal Code provides that persons who have a grievous and irremediable medical condition that causes them enduring and intolerable suffering are allowed to seek medical assistance in dying. The definition of a grievous and irremediable medical condition includes disability. Recently, the Superior Court of Quebec invalidated sections of both the federal and Quebec laws on medically assisted dying, ruling invalid the Criminal Code requirement that a natural death be “reasonably foreseeable” before someone can be eligible for assisted death. 69. The Special Rapporteur is extremely concerned about the implementation of the legislation on medical assistance in dying from a disability perspective. She has learned that there is no protocol in place to demonstrate that persons with disabilities deemed eligible for assistive dying have been provided with viable alternatives. Moreover, she has received worrisome information about persons with disabilities in institutions being pressured to seek medical assistance in dying and of practitioners not formally reporting cases involving persons with disabilities. The recent judgment of the Superior Court of Quebec might put additional pressure on persons with disabilities who are in a vulnerable situation due to insufficient community support. As many persons with disabilities said during the visit, 21 Act To Amend the Criminal Code and To Make Related Amendments to other Acts (Medical Assistance in Dying). 13

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents