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e-4726 (Justice)

E-petition
Initiated by Chris Jones from Toronto, Ontario

Original language of petition: English

Petition to the House of Commons

Whereas:
  • Since the introduction of medical assistance in dying (MAID) in Canada in 2016 and its subsequent enhancement in 2021, Canadians have taken advantage of this lawful, medically overseen procedure to end their own suffering in a peaceful and dignified manner;
  • Many people across this country (over 80%) reasonably believe that they should be able to specify in a written, voluntary, and witnessed statement their desire to consent in advance to the provision of MAID when they have a capacity-diminishing illness, disease, or disorder, and the triggering conditions which they have previously described as intolerable suffering to them, are observable and verified by a clinician;
  • The law as currently written does not allow for this option, meaning that people seek MAID earlier than desired, because their disease progression eventually robs them of the ability to provide consent, and, in so doing, they potentially miss out on quality years of life; and
  • According to the Canadian Bar Association, an Advance Request respects the fundamental Charter principle of security of the person and the sanctity of personal autonomy.
We, the undersigned, residents of Canada, call upon the Minister of Justice to bring forward an amendment to the Criminal Code to set out a specific framework for an advance request for MAID by individuals who have received a diagnosis of a capacity diminishing, grievous, and irremediable medical condition and who would wish an assisted death when they reach an advanced state of decline, their suffering becomes intolerable, and diminished capacity prevents them from giving contemporaneous consent.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary James Maloney

Medical assistance in dying (MAID) is a deeply personal and complex choice that touches people and families at difficult and often painful times in their lives. Our Government is committed to ensuring our laws reflect Canadians’ evolving needs, protect those who may be vulnerable, and support autonomy and freedom of choice.

The provision of MAID based on an advance request is currently not permitted under the Criminal Code. This is a complex issue that requires further consultation and study. The Government does not have plans to propose amendments to the Criminal Code to authorize this practice at this time.

Open for signature
December 15, 2023, at 10:56 a.m. (EDT)
Closed for signature
February 13, 2024, at 10:56 a.m. (EDT)
Presented to the House of Commons
Brendan Hanley (Yukon)
March 19, 2024 (Petition No. 441-02238)
Government response tabled
May 2, 2024
Photo - Brendan Hanley
Yukon
Liberal Caucus
Yukon