Canada’s medical assistance in dying law continues to evolve. A February 2015 Canadian Supreme Court ruling, Carter v. Canada, paved the way for the legalization of physician-assisted suicide. The following year, Parliament passed federal legislation to allow Canadian residents to request MAiD under very specific circumstances and rules; generally, visitors to Canada are not eligible.
Eligibility requirements for MAiD in Canada include the following (ALL criteria must be met):
- be eligible for health services funded by a province or territory, or the federal government
- meet a minimum period of residence or waiting period
- be at least 18 years old, mentally competent, and capable of making health care decisions
- have a grievous and irremediable medical condition
- make a voluntary request for medical assistance in dying, without outside pressure or influence
- give informed consent to receive medical assistance in dying
Like MAiD laws in the United States, Canada’s eligibility requirements have denied access to physician-assisted suicide to people suffering from dementia or other progressive cognitive diseases. However, this policy appears to be changing north of the border, at least in one Canadian province. In June 2023, Quebec adopted a law allowing MAiD requests from people with serious and incurable illnesses, such as Alzheimer’s disease, and asked the federal government to change the Criminal Code to support the law. More than a year later, Quebec has apparently grown tired of waiting for federal approval. Recently, the government of Quebec announced a plan to authorize certain early requests for medical assistance in dying. As of October 30, eligible Canadian residents with dementia will be able to make advance requests for MAiD before their condition renders them incapable of giving consent.
No US state where MAiD is legal currently supports advance requests for those suffering from dementia or other progressive diseases. Fortunately, VSED is available to dementia sufferers in all 50 states–at least for those in the early to moderate stages. The Northwest Justice Project and the National VSED Advance Directive Committee are currently working on an advance directive that will allow people to choose VSED for themselves at a future time before they lose capacity to make health care decisions.
More on this development in coming months…