The Right to Die Means the Right to Assisted Dying

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A right  means that we have control.  No one can deny us a right.  Nor tell us how we must exercise it.  Freedom of religion necessarily means: the freedom to be religious any way we want (short of harming someone else).  It includes the right NOT to be religious (atheists exercise their freedom of religion by having none).

The right to life necessarily means: the right to die.

Suicide is not a crime because the right to life includes the right to stop living.  But what if someone who wants to die lacks the physical ability to end their life?

To deny the right to assisted dying means that those who are dying in agony must kill themselves sooner.  They can not wait until life is completely intolerable.  They can not wait until the pain is no longer controllable.  Because by then, they will lack the physical ability to end their own lives.  No.  Instead, they must end their lives while they still have some quality of life.  While they still have the strength to kill themselves, and the cleverness to avoid being prevented.

To deny the right to assisted dying means to penalize those who are most vulnerable.  It means forcing them to end their lives horrifically by starving themselves.  It denies them the “good death” and sentences them to torture.

This is not “weeding out defectives”.  No.  This is competent adults with incurable, painful illness, who have a cooling off period, and who are not mentally ill — expressly asking to die.   This is no more than we expect any compassionate person would give a suffering animal: a merciful release from pain.

Joe Arvay, Q.C. is a lawyer who has fought for years to protect the human rights of disadvantaged, or discriminated-against groups: immigrants; same-sex couples; LGBT; the elderly; sex workers; sperm donors; drug addicts.  His most recent cause is to convince our courts that assisted dying is a right.  He is a passionate, eloquent speaker.  He’s learned in the law.  More importantly, he is learned in moral philosophy – able to discern and then explain the correct analysis of ethical issues.  He is tireless.  At 65, he looks about 50.  Maybe it’s a lifetime of doing right.

Listening to Joe Arvay address the Supreme Court of Canada on 15 October 2014 – livestreaming – I was spellbound.  I can craft a phrase and toss in a casual quotation from great literature.  But, Joe Arvay – well, he makes it impossible to fidget, be impatient, or look away.   He speaks with power, with kindness, and with humour.  I don’t know him personally, so I can’t say if he’s fun at a party.  But, oh man, he gives me shivers when he speaks.

My own views coincide with his argument.  But that doesn’t matter.  What matters is that a great advocate has made a great case, in a great cause.

It’s time Canada recognised the right to assisted dying.

And, if you see Joe Arvay passing by, stand up and applaud.

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Derryck Harold Smith, Psychiatrist