Ottawa – Medical assistance in dying (MAID) is a deeply personal and complex topic.
Canada’s federal framework governing MAID has been carefully designed with stringent safeguards to affirm and protect the inherent and equal value and dignity of every person’s life. Given the significant life-or-death implications, the Government of Canada has always chosen a cautious approach to expanding MAID eligibility. This approach emphasizes the importance of open dialogue with provinces and territories, medical professionals, expert stakeholders and Canadians.
MAID is a matter of shared jurisdiction with provinces and territories. As a health service, MAID is administered by provincial and territorial health systems as part of end-of-life or complex care. However, since MAID involves ending a person’s life, it includes important legal considerations under the Criminal Code that is the jurisdiction of the Government of Canada.
The Government of Canada acknowledges the work the Government of Quebec has conducted on the implementation of advance requests and their interest in having the Criminal Code amended so that advance requests can be permitted for residents of Quebec. As the Criminal Code applies uniformly across Canada and does not permit the provision of MAID based on an advance request, providing MAID pursuant to an advance request remains an offence under the Criminal Code.
On the complex and serious topic of advance requests, it is important to hear the full range of perspectives. That is why the Government of Canada will launch a national conversation in November 2024 on the topic of advance requests. The consultations will consist of discussions with all provinces and territories, roundtables and online surveys, and will be completed by the end of January 2025. A report on the key themes and findings will be published in Spring 2025. As a first step in conducting this national conversation, the Minister of Health has written to his provincial and territorial counterparts on this important issue.
Government is launching a national conversation and will not be initiating a challenge of Quebec’s Bill 11. Government recognizes the importance of collaboration between levels of government to ensure that the needs of patients and healthcare professionals are met. This national conversation is another step to ensure that the framework for MAID in Canada reflects the evolving needs of Canadians, protects those who may be vulnerable, and supports the autonomy and freedom of choice of Canadians.