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Consultations on medical assistance in dying (MAID) eligibility criteria and request process
Medical assistance in dying (MAID) became legal in Canada in June 2016. Canada’s Criminal Code now exempts doctors and nurse practitioners who provide, or help to provide, medical assistance in dying.
“Medical assistance in dying” currently includes:
- the use of medication by a physician or nurse practitioner to directly cause a person’s death at their request
- the prescription or provision of medication by a physician or nurse practitioner that a person can use to cause their own death
The law currently sets out eligibility criteria for those who wish to apply for MAID. It also sets out safeguards that doctors and nurse practitioners must follow when deciding if a patient qualifies for MAID, in particular to make sure that the patient requesting MAID is fully informed and has given their consent freely.
Visit the Government of Canada’s medical assistance in dying webpage for more information on:
- Eligibility criteria
- Process for obtaining MAID
- Roles of the provinces and territories
- How Health Canada monitors and reports on MAID
- Independent reviews
- How Health Canada supports palliative and end-of-life care
Evolution of MAID in Canada
During the development and implementation of MAID (Bill C-14) in 2016, many Canadians voiced their support for broader access to MAID. As a result, the Government of Canada committed to study a wider variety of medical circumstances where a person may want to access MAID.
Specifically, the Government of Canada asked the Council of Canadian Academies to study three complex issues including requests for MAID by mature minors, advance requests, and requests for people where mental illness is the only reason for requesting MAID. The reports and a summary are available on the CCA’s website.
As legalizing medical assistance in dying was a significant step for Canada, Parliament committed to reviewing the law five years after it was passed. This review will provide the opportunity to hear from Canadians about how MAID is working, and to see if any changes should be made. It is expected that this review will start in 2020.
Context and objectives of the questionnaire
On September 11, 2019, the Superior Court of Québec found (Truchon v. Attorney General of Canada) that it was unconstitutional to limit access to MAID to people nearing the end of life. The case was brought by two persons living with disabilities, Mr. Truchon, who has lived with cerebral palsy since birth, and Ms. Gladu, who has lived with paralysis and severe scoliosis as a result of poliomyelitis. Practitioners who assessed them were of the view that they met all eligibility criteria for MAID, with the exception of nearing the end of life. The Court declared the “reasonable foreseeability of natural death” criterion in the federal Criminal Code, as well as the “end-of-life” criterion in Quebec’s provincial law on medical assistance in dying, to be unconstitutional.
The Court’s ruling will come into effect on March 11, 2020, unless an extension is granted by the Court. While this ruling only applies in the province of Quebec, the Government of Canada has accepted the ruling and has committed to changing the MAID law for the whole country.
Since MAID has been legalized, more than 6,700 Canadians who were suffering unbearably chose to die peacefully with the help of a physician or nurse practitioner. Over the past four years, our health care systems have become more familiar and comfortable with providing MAID, and Canadians have also learned a lot about circumstances where MAID is not allowed.
As we prepare to launch the full review of the MAID law this summer, the Government of Canada is moving quickly in the shorter term to help inform our response to the recent Quebec court ruling. Updating Canada’s MAID law will expand eligibility for MAID beyond people who are nearing the end of life, and could possibly result in other changes once the review is complete. This questionnaire offers Canadians the opportunity to share their views with the Government of Canada on this deeply personal and very important issue.
This consultation closes on Monday, January 27, 2020 at 11:59 p.m. (PST).
Learn more and access the questionnaire (bottom of page) at Department of Justice.