Question Period Note: Medical Assistance in Dying (MAID)

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KEY MESSAGES
MAID - General
• Medical assistance in dying (MAID) is a complex and deeply personal issue.
• Every individual’s end-of-life journey is different, and MAID may be an option for some who are suffering intolerably due to a serious medical condition.
• MAID is only available for those who are assessed as eligible, and the Criminal Code sets a high bar with multiple stringent eligibility criteria and robust procedural safeguards.
Advance Requests
• The Criminal Code does not permit the provision of MAID based on an advance request.
• We are committed to ensuring that the framework for MAID protects those who may be vulnerable, and supports autonomy and freedom of choice.
• That is why the Government launched a national conversation to hear views from Canadians on this issue in the last session.
• Health Canada is currently developing a “What We Heard Report” on the key themes from that consultation which it is aiming to release in the coming months.
Mental Illness
• We continue to work with the provinces and territories and other key stakeholders to prepare for MAID eligibility for persons with a mental illness when the temporary exclusion is lifted in March 2027.
• We look forward to supporting a Parliamentary Review on health system readiness for the MAID eligibility for persons with mental illness which is to begin by February 2026.
IF PRESSED …
Q1 : Since Quebec has now brought its own advance request framework into effect, what would happen if a Quebec physician provides MAID based on an advance request in accordance with provincial law?
A1:
• The Government of Canada acknowledges the work the Government of Quebec has conducted on advance requests and their interest in having the Criminal Code amended so that advance requests can be permitted for residents of Quebec.
• We are aware that some residents of Quebec have now made advance request for MAID in keeping with the provincial legislation.
• As the Criminal Code applies uniformly across Canada and does not permit MAID based on an advance request, providing MAID pursuant to an advance request remains an offence under the Criminal Code.
Q2 : If pressed on when the Government will release a report on the outcomes of the national conversation on advance requests?
A2 :
• I would like to thank the thousands of individuals and organizations who took the time to share their perspectives through the national conversation.
• Our government is planning to release a report summarizing what was heard from the national conversation in the coming months.
• We will also be considering next steps based on those findings.
Q3 : If pressed on readiness for the lifting of the temporary exclusion of MAID for those whose sole underlying condition is mental illness
A3 :
• We recognize that mental disorders can cause suffering on par with that of physical illness.
• Our Government is helping support provincial and territorial efforts to prepare for MAID eligibility on the basis of a mental illness alone.
• We have supported the development of a model Practice Standard, the launch of an accredited bilingual curriculum for MAID clinicians, workshops for MAID assessors and providers, and ongoing engagement with Indigenous Peoples to understand their perspectives on MAID.
Q4 : If pressed on media stories alleging that people are seeking MAID due to lack of needed services?
A4 :
• The federal framework for MAID is set out in the Criminal Code of Canada and sets a high bar with stringent eligibility criteria. No one can receive MAID solely on the basis of a lack of social supports, such as housing and mental health services.
• Improving access to social and health services remains a priority for governments in Canada.
• We are committed to continuing to work with provinces and territories to improve access to health and social supports for all Canadians.

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• According to Health Canada’s Fifth Annual Report on MAID, 15,343 people received MAID in 2023.

• The number of MAID provisions in 2023 represents an increase of 15.8% over 2022. This suggests growth is slowing compared to previous years (2019 to 2022) which had an average growth rate of approximately 31%.

• Since Quebec brought in its provincial legislative framework for advance requests for MAID on October 30, 2024, approximately 650 advance requests are reported to have been made, with allegations that MAID has now been provided in at least one instance based on an advance request.