Ottawa said it will not challenge a Quebec law that allows people to request medical assistance in dying (MAID) in advance. Bill 11, adopted by the Quebec legislature in June 2023, expanded access to MAID by allowing people with serious and incurable diseases such as Alzheimer's to request a doctor-assisted death before their condition prevents them from consenting to one. It also includes a provision that protects doctors from prosecution since Ottawa has not made changes to the Criminal Code, which still prohibits MAID services in advance.
Quebec will become the first province in Canada to start accepting such requests on Oct. 30. "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," reads a news release from the federal ministers of health, justice and the Attorney General of Canada. The federal government's "national conversation" on advance MAID requests will include formal discussions with all provinces and territories, roundtables, and online surveys. The consultations will be done by January 2025 before a final report is released next spring, the government said.
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