451-00148 (Justice)

Medical assistance in dying (MAID) is a complex and deeply personal matter and there are diverging views across the country. The legal framework for MAID balances different interests and societal values.

Provinces and territories manage the delivery of health services, including MAID as part of end-of-life or complex care. The federal government, however, is responsible for the federal legal framework for MAID in the Criminal Code, setting minimum requirements for the lawful provision of MAID in Canada. These requirements include eligibility criteria to determine who can obtain MAID and procedural safeguards to ensure its safe provision. MAID has been the subject of many judicial challenges which have shaped the legal framework.

As there are additional challenges that arise in the context of MAID for persons whose deaths are not reasonably foreseeable, the federal legal framework sets out safeguards that must be satisfied in those instances. These safeguards aim to address the risks associated with diverse sources of suffering and vulnerability, that could lead someone not close to death to seek MAID. The safeguards examine whether their suffering results from factors other than the medical condition and whether there are ways of addressing their suffering other than through MAID. For example, a minimum 90-day assessment period seeks to ensure enough time to explore all relevant aspects of the person’s situation, including the availability of treatments or services that could help reduce their suffering like counselling services, mental health and disability support services, community services and palliative care. Additionally, at least one of the two mandatory eligibility assessments must be done by a practitioner with expertise in the condition causing the person’s suffering or in consultation with another practitioner with such expertise, ensuring all treatment options are identified and explored. The patient and practitioners must also agree that the person has seriously considered alternatives to alleviate their suffering.

Our government understands that there is concern among some members of the disability advocacy community about MAID. We are committed to continue working to ensure the disability community’s needs and voices are respected in the discussion and analysis of these complex issues. We will also continue with our provincial and territorial partners to ensure the dismantling of barriers to care facing disabled communities. The Disability Inclusion Action Plan is an example of our commitment to achieving full and meaningful participation of persons with disabilities.