Statement from Minister of Health and the Minister of Justice and the Attorney General of Canada on Advance Requests for Medical Assistance in Dying
October 28, 2024
Ottawa, ON – The Minister of Health, the Honourable Jean-Yves Duclos, and the Minister of Justice and the Attorney General of Canada, the Honourable David Lametti, today issued the following statement:
“Today, we are announcing a significant change to the eligibility criteria for medical assistance in dying (MAID). Effective immediately, Canadians will be able to make advance requests for MAID, allowing them to access the procedure even if they are no longer capable of consenting at the time of their death.
This change is the result of extensive consultations with Canadians, healthcare professionals, legal experts, and disability rights advocates. We have heard from many Canadians who are living with debilitating and incurable conditions who want the option of accessing MAID in a planned and dignified way.
Advance requests for MAID will be subject to the same strict eligibility criteria as current requests. Individuals must be eligible for MAID under the Criminal Code, which means they must be:
- An adult who is capable of making decisions about their own healthcare
- Suffering from a grievous and irremediable medical condition
- In an advanced state of decline that is causing intolerable suffering
In addition, individuals making advance requests for MAID must:
- Be informed of the nature and consequences of MAID
- Be capable of understanding and appreciating the information provided to them
- Be able to make a voluntary and informed decision about MAID
- Provide clear and unequivocal consent to MAID
Advance requests for MAID will be reviewed by two independent physicians. If both physicians agree that the individual meets the eligibility criteria, the request will be approved.
Once an advance request for MAID has been approved, it will remain in effect until it is withdrawn by the individual or their substitute decision-maker. Individuals can withdraw their request at any time, up to the moment of their death.
We believe that this change will give Canadians greater peace of mind and control over their end-of-life care. It will also ensure that Canadians who are no longer capable of consenting can still access MAID if they have previously made a clear and informed decision to do so.
The Government of Canada is committed to providing Canadians with access to a full range of end-of-life care options, including palliative care, hospice care, and MAID. We will continue to work with provinces and territories, healthcare professionals, and disability rights advocates to ensure that all Canadians have access to the care and support they need to live and die with dignity.”
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