MAiD (medical assistance in dying) is legal throughout Canada.<\/p>\n
Canada\u2019s first MAiD legislation<\/a> came into force on June 17, 2016.<\/span><\/p>\n Amendments<\/a> to this legislation came into force on March 17, 2021.<\/p>\n <\/p>\n MAiD is assistance provided by a doctor or nurse practitioner to a person, at that person\u2019s request, that causes the person\u2019s death. MAiD can happen in one of two ways:<\/p>\n <\/p>\n To access MAiD in Canada* you must:<\/p>\n Having a \u201cgrievous and irremediable medical condition\u201d means:<\/p>\n * For an exception specific to Quebec, see below<\/p>\n **For the purpose of this legislation, until March 17, 2027<\/strong>, \u201cmental illness\u201d is not considered to be a \u201cserious and incurable illness, disease or disability.<\/p>\n <\/p>\n All persons who want MAiD must meet the criteria set out above and follow the steps set out below.<\/p>\n If a person\u2019s natural death has become reasonably foreseeable, then they proceed along \u201cTrack One\u201d with respect to additional procedural safeguards.<\/span><\/p>\n Track One<\/strong><\/em><\/p>\n For a person on Track One, their medical or nurse practitioner must:<\/p>\n There is no minimum waiting period between the day the request was signed and the day MAiD is provided.<\/span><\/p>\n * There are two exceptions to the requirement that a person give express consent to receive MAiD immediately prior to its provision: 1) \u201cadvance consent\u201d; and 2) \u201cfinal consent waiver\u201d. See explanations of these below.<\/span><\/p>\n If a person\u2019s natural death has not become reasonably foreseeable, then they proceed along \u201cTrack Two\u201d with respect to procedural safeguards.<\/span><\/p>\n Track Two<\/strong><\/em><\/p>\n If a person\u2019s natural death has not become reasonably foreseeable, then they proceed along \u201cTrack Two\u201d with respect to additional procedural safeguards.<\/p>\n For a person on Track Two, their medical or nurse practitioner must:<\/span><\/p>\n (a) be of the opinion that the person meets all of the eligibility criteria set out above<\/span><\/p>\n (b) <\/span>ensure that the person\u2019s request for medical assistance in dying was made in writing and signed and dated by the person\u2013 or if the person requesting medical assistance in dying is unable to sign and date the request, another person\u2009\u2014\u2009who is at least 18 years of age, who understands the nature of the request for medical assistance in dying and who does not know or believe that they are a beneficiary under the will of the person making the request, or a recipient, in any other way, of a financial or other material benefit resulting from that person\u2019s death\u2009\u2014\u2009may do so in the person\u2019s presence, on the person\u2019s behalf and under the person\u2019s express direction<\/span><\/p>\n (c) be satisfied that the person\u2019s request for MAiD was signed and dated after the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition<\/span><\/p>\n (d) ensure that the person has been informed that the person may, at any time and in any manner, withdraw their request<\/span><\/p>\n (e) ensure that another medical practitioner or nurse practitioner has provided a written opinion confirming that the person meets all of the eligibility criteria set out above;<\/span><\/p>\n (e.1) if neither they nor the other medical practitioner or nurse practitioner referred to in paragraph (e) has expertise in the condition that is causing the person\u2019s suffering, ensure that they or the medical practitioner or nurse practitioner referred to in paragraph (e) consult with a medical practitioner or nurse practitioner who has that expertise and share the results of that consultation with the other practitioner<\/span><\/p>\n (f) be satisfied that they and the medical practitioner or nurse practitioner referred to in paragraph (e) are independent<\/span><\/p>\n (g) ensure that the person has been informed of the means available to relieve their suffering, including, where appropriate, counselling services, mental health and disability support services, community services and palliative care and has been offered consultations with relevant professionals who provide those services or that care<\/span><\/p>\n (h) ensure that they and the medical practitioner or nurse practitioner referred to in paragraph (e) have discussed with the person the reasonable and available means to relieve the person\u2019s suffering and they and the medical practitioner or nurse practitioner referred to in paragraph (e) agree with the person that the person has given serious consideration to those means<\/span><\/p>\n (i) ensure that there are at least 90 clear days between the day on which the first assessment under this subsection of whether the person meets the eligibility criteria set out above begins and the day on which medical assistance in dying is provided to them or \u2014 if the assessments have been completed and they and the medical practitioner or nurse practitioner referred to in paragraph (e) are both of the opinion that the loss of the person\u2019s capacity to provide consent to receive medical assistance in dying is imminent \u2014 any shorter period that the first medical practitioner or nurse practitioner considers appropriate in the circumstances<\/span><\/p>\n (j) if the person has difficulty communicating, take all necessary measures to provide a reliable means by which the person may understand the information that is provided to them and communicate their decision and\u00a0<\/span><\/p>\n (k) immediately before providing the medical assistance in dying, give the person an opportunity to withdraw their request and ensure that the person gives express consent to receive medical assistance in dying.<\/span><\/p>\n <\/p>\n \u201cAdvance request\u201d <\/em><\/strong>for MAiD refers to a request<\/strong> for MAiD made by a person before<\/em> all of the eligibility criteria for MAiD, <\/em>as defined by the Criminal Code, are met. <\/em>Advance requests for MAiD are not currently legally permissible in Canada.<\/u>.<\/p>\n \u201cAdvance consent<\/strong>\u201d<\/em> for MAiD refers to a consent<\/strong> given before the loss of capacity to consent to receiving MAiD<\/em>. Advance consent for MAiD is legal in Canada only through one of two mechanisms: a \u201cfinal consent \u2013 waiver\u201d and \u201cadvance consent \u2013 failed self-administration.\u201d<\/p>\n \u201cFinal consent \u2013 waiver<\/strong>\u201d<\/em> (sometimes called a \u201cwaiver of final consent\u201d or \u201cfinal consent waiver\u201d) is a mechanism that allows for the waiving of the requirement that express consent be given by the person immediately prior to the provision of MAiD. A final consent \u2013 waiver may only be acted upon when all of the following are true:<\/p>\n \u201cAdvance consent \u2013 failed self-administration<\/em><\/strong>\u201d<\/em> is a mechanism that allows for the waiving of the requirement that express consent be given by the person immediately prior to the provision of MAiD in the specific context of a failed self-administration (i.e., the person has self-administered the oral medications but has not died within a specified time period). An advance consent – failed self-administration agreement may only be acted upon when all of the following are true:<\/p>\n Only patients on Track One are eligible for final consent waivers. Patients on either Track One or Track Two are eligible for advance consent for failed self-administration.<\/p>\n <\/p>\n The most recent official data on MAiD in Canada can be found\u00a0<\/span>here<\/b><\/a>.<\/span> <\/p>\n An additional legal framework for MAiD applies in Quebec and is set out in An Act respecting end of life care<\/em><\/strong><\/a>.<\/em><\/p>\n The key differences between the federal and Quebec legislation re: MAiD are the following:<\/p>\n <\/p>\n The key differences between Canada and other places that allow MAiD are:<\/p>\n Links to legislation, case law, data, and other sources of information on MAiD in other parts of the world are available here<\/a>.<\/p>\n <\/p>\n Much more detailed information about MAiD in Canada is available by clicking on the links below:<\/p>\n Legal History<\/a><\/p>\n Major MAiD Court Cases<\/p>\n Charter challenges to federal and Quebec MAiD legislation<\/a><\/p>\n Freedom of religion\/conscience cases<\/a><\/p>\n Third parties trying to prevent someone from accessing MAiD<\/a><\/p>\n Provincial\/Territorial MAiD Legislation, Regulations, Programs<\/a><\/p>\n Health Professional Regulatory Body Guidelines, Standards, and Disciplinary Decisions<\/a><\/p>\n Clinical Guidance Documents<\/a><\/p>\n Major MAiD reports<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" MAiD (medical assistance in dying) is legal throughout Canada. Canada\u2019s first MAiD legislation came into force on June 17, 2016. Amendments to this legislation came into force on March 17, 2021. What is MAiD? MAiD is assistance provided by … Continue reading What is MAiD?<\/h2>\n
\n
Who can access MAiD?<\/h2>\n
\n
\n
What are the key procedural safeguards for MAiD?<\/h2>\n
\n
\n
Are advance requests for MAiD legal in Canada?<\/h2>\n
\n
\n
Who is accessing MAiD and how often?<\/h2>\n
\n<\/span>The most recent official data on MAiD in Quebec can be found\u00a0<\/span>here<\/b><\/a>.<\/span><\/p>\nHow is MAiD in Quebec different from MAiD in the rest of Canada?<\/h2>\n
\n
How is MAiD in Canada different from MAiD in other parts of the world?<\/h2>\n
\n
A Deeper Dive into MAiD in Canada<\/h2>\n