愛污传媒

An Ontario man suffering from an incurable neurological disease has provided 愛污传媒 with audio recordings that he says are proof that hospital staff offered him medically assisted death, despite his repeated requests to live at home.

Roger Foley, 42, who earlier this year launched a landmark lawsuit against a London hospital, several health agencies, the Ontario government and the federal government, alleges that health officials will not provide him with an assisted home care team of his choosing, instead offering, among other things, medically assisted death.

Foley suffers from cerebellar ataxia, a brain disorder that limits his ability to move his arms and legs, and prevents him from independently performing daily tasks.

 Foley claims that a government-selected home care provider had previously left him in ill health with injuries and food poisoning. He claims that he has been denied the right to self-directed care, which allows certain patients to take a central role in planning and receiving personal and medical services from the comfort of their own homes.

None of the claims in Foley鈥檚 lawsuit has been tested in court.

He is now sharing audio recordings of separate conversations he had with two health care workers at London Health Sciences Centre, where he has been stuck in a hospital bed for more than two years.

In one audio recording from September 2017, Foley is heard speaking to a man about what he has described as attempts at a 鈥渇orced discharge,鈥� with threats of a hefty hospital bill.

When Foley asks the man how much he鈥檇 have to pay to remain in hospital, the man replies, 鈥淚 don鈥檛 know what the exact number is, but it is north of $1,500 a day.鈥�

Foley expresses shock at the figure and tells the man that he鈥檇 just read an article that quoted the Ontario health minister saying it鈥檚 鈥渘ot legal鈥� for hospitals to coerce patients like that.

The man is heard saying that the hospital does not use 鈥渢his conversation in every situation.鈥�

鈥淚t is only in situations where somebody has a plan in the community that is feasible that they鈥檙e not going to accept and that鈥檚 OK,鈥� the man says.

Foley then says that he hasn鈥檛 been informed of a plan for his care and that his rights as a patient are being violated.

鈥淵ou have already violated my preferences鈥�So what is the plan that you know of?鈥� Foley asks the man.

鈥淩oger, this is not my show,鈥� the man replies. 鈥淚 told you my piece of this was to talk to you about if you had interest in assisted dying.鈥�

In a separate audio recording from January 2018, another man is heard asking Foley how he鈥檚 doing and whether he feels like he wants to harm himself.

Foley tells the man that he鈥檚 鈥渁lways thinking I want to end my life鈥� because of the way he鈥檚 being treated at the hospital and because his requests for self-directed care have been denied.

The man is then heard telling Foley that he can 鈥渏ust apply to get an assisted, if you want to end your life, like you know what I mean?鈥�

When Foley says that he is being forced to end his life, the man protests and says that鈥檚 not the case.

鈥淥h, no, no, no,鈥� the man is heard saying. 鈥淚鈥檓 saying if you feel that way鈥�You know what I mean? Don鈥檛 get me wrong. I鈥檓 saying I don鈥檛 want you to be in here and wanting to take your life.鈥�

In a statement to 愛污传媒, Foley says he decided to release the recordings 鈥渢o all Canadians as my situation got very bad recently where I almost died.鈥�

He says he鈥檚 鈥渘ot in a position to elaborate on that currently,鈥� but he wants the public to know 鈥渢he real truth before it is too late for my voice to be heard.鈥�

鈥淚t is the real truth of what is going on in Canada regarding so many assisted deaths without appropriate safeguards, in combination with the lack of necessary care that is not being provided to persons who are suffering,鈥� he says in the statement.

鈥淚 have not received the care that I need to relieve my suffering and have only been offered assisted dying.  I have many severe disabilities and I am fully dependent. With the remaining time I have left, I want to live with dignity and live as independently as possible.鈥�

Lawyers for the hospital were sent the audio excerpts on July 19.  Foley and his lawyer have not received a response.

愛污传媒 also asked the hospital for a statement. The hospital has not responded.

Foley鈥檚 lawyer, Ken Berger, says his client is in 鈥渁 very tragic and troubling situation.鈥�

鈥淗ere he is, needing society鈥檚 help and care and we turn our back on him and we鈥檙e in essence 鈥� asking him if he is interested in assisted dying rather than working with him to provide the services he needs,鈥� Berger tells 愛污传媒.

鈥楽ad and shocking鈥�

Tim Stainton, a professor at University of British Columbia鈥檚 School of Social Work, says the two audio recordings 鈥減resent a deeply concerning picture.鈥�

鈥淚t would seem to indicate that the hospital has determined, not Mr. Foley, that MAID (medical assistance in dying) would be a reasonable option,鈥� he tells 愛污传媒.

Stainton says the recordings highlight issues that are 鈥渙f great concern among many in the disability community with regards to MAID,鈥� including the fear that assisted death will become
鈥渁 cheaper option to providing quality community supports.鈥�

Berger says Foley鈥檚 case is 鈥渏ust a microcosm of the broader issue鈥� of how patients with disabilities and high needs are treated.

鈥淲hat we are suggesting is that there are too many individuals being assisted to their death and if you are going to put in place assisted dying, you have to ensure that you assist people to live,鈥� he says.

Another ethicist, Tom Koch, says he found the recordings sad and shocking.

鈥淭he larger concern is when the issue of the care of the fragile becomes simply a matter of financial expediency,鈥� he says. 鈥淲hen we are given the option for a rapid death rather than a complex life then we are all at risk.鈥� 

鈥淚 have heard from other friends of mine elsewhere in palliative care that they are all facing this enormous pressure towards the rapid, cost-effective ending rather than the complex and perhaps more expensive but skilled homecare that we all deserve.鈥�

After Foley鈥檚 lawsuit was filed, Berger sent a letter to federal Justice Minister Jody Wilson-Raybould, demanding that she halt all medically assisted deaths until legislation is changed to ensure that all necessary services to help patients live are provided first.

At that time, a spokesperson for Wilson-Raybould said the federal government鈥檚 policy ensures safe and consistent access to medically assisted death for all Canadians, in accordance with all Charter rights.

With a report from CTV鈥檚 medical affairs specialist Avis Favaro and producer Elizabeth St. Philip