Medical Assistance in Dying

In June of 2016, the Supreme Court of Canada ruled that it is legal for a physician to assist a person to die if the person suffered from an irremediable medical condition resulting in grievous and intolerable pain. In response, Parliament enacted Bill C-14, known as the Medical Assistance in Dying (MAiD) legislation.¹ Since Bill C-14’s inception, there have been various updates in the MAiD legal landscape, including the introduction of Bill C-7 in October of 2019.² These changes included expanding the eligibility process required for MAiD. Bill C-7 was created as a result of Quebec’s Truchon v. Canada decision which found the “reasonable foreseeability of natural death” eligibility criterion in the Criminal Code, as well as the “end-of-life” criterion from Québec’s Act Respecting End-of-Life Care, to be unconstitutional”.³ Thus, Bill C-7 provided eligibility to those whose death was not reasonably foreseeable. However, individuals under Bill C-7 were ineligible for MAiD if their sole medical condition was a mental illness. This mental illness exclusion lasted until March 17, 2023, and was further extended by one year through Bill C-39. As of February 1, 2024, Bill C-62 received royal assent resulting in the mental illness exclusion being extended until March 17, 2027. As a result, MAiD is currently not available in Canada for individuals whose underlying medical condition is a mental illness.

A person suffering so badly that he or she wishes to die will now have that assistance from a physician — if doctors are prepared to assist and if the person meets an uncertain test of qualification. Our firm is fortunate to have one of Canada’s experts on the legal aspects of dying as Counsel. Mark Handelman has litigated more ‘end of life’ cases than any Canadian lawyer. He holds a masters degree in bioethics and has also written on both withdrawing/withholding life-sustaining treatments and physician-assisted death. Whatever laws are eventually created to govern this process, our firm can assist your family through this difficult decision with empathy and dignity.

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1. Government of Canada, Legislative Background: Medical Assistance in Dying (Bill C-14) View online

2. Government of Canada, Bill C-7: An Act to amend the Criminal Code (medical assistance in dying) View online

3. Government of Canada, Canada’s medical assistance in dying (MAID) law View online

Resources:

WEL Blog: Why MAiD?

WEL Blog: Webinar Video: The Top 10 Things Estate Professionals Should Know About Death and Capacity

WEL Blog: Seniors’ Series: No Interlocutory Injunction in Assisted Dying Case

WEL Blog: Case Commentary: Carter v Canada Attorney General

WEL Blog: Mark Handelman and Dr. Gordon published in Health Law in Canada

This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation Partners.