Medical Assistance in Dying
The Federal House of Commons passed Bill C-14 in 2016 which amended the Criminal Code to provide an exemption to the law that made it a criminal offence to assist someone to commit suicide. The impetus for the introduction of this Bill, was the Supreme Court of Canada’s decision in Carter v. Canada (Attorney General), 2015 SCC 5 which found the criminal prohibition of physician assisted dying invalid provided the person affected clearly consents to the termination of life and has a “grievous and irremediable medical condition that causes enduring suffering that is intolerable to the individual”. The government was given 1 year to implement new legislation, however an extension was granted.
Originally the change provided that a medical practitioner, nurse practitioner or someone aiding the medical practitioner or nurse practitioner was not guilty of an indictable offence pursuant to the Criminal Code provided certain criteria are met. The individual making the request for medical assistance in dying (MAiD) must meet all of the following criteria:
They are eligible for health services funded by a government in Canada;
They are at least 18 years of age and capable of making decisions with respect to their health;
They have a grievous and irremediable medical condition;
They have made a voluntary request for medical assistance in dying that was not made as result of external pressure; AND
They give informed consent to receive medical assistance in dying.
