Medical assistance in dying in Canada: Choices for Canadians (Report of the Special Joint Committee on Medical Assistance in Dying)

Access for MAID MD-SUMC was to be permitted as of March 2023. Applying for MAID MD-SUMC would also be under track two. As mentioned above, the committee released an interim report on mental disorder in June 2022 that discusses issues related to MAID MD-SUMC. The committee heard concerns that more time was needed to make sure that standards are in place before someone is able to apply for MAID MD-SUMC. On 15 December 2022, an announcement was made that the federal government would “work with our parliamentary colleagues in the House of Commons and the Senate to negotiate an extension of the  March 17, 2023 eligibility date” for MAID MD-SUMC. The committee supports this extension. Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying) was introduced in the House of Commons on 2 February 2023 and proposes a one year delay to the date for eligibility for MAID MD-SUMC. For MAID and mature minors, the committee heard a mix of views about whether MAID should be available to those under the age of 18. Many witnesses believed that age alone does not determine whether someone is capable of consenting to MAID. At the same time, a cautious approach was recommended, especially  since there is little evidence from youth themselves on this topic. Most witnesses agreed that if MAID for mature minors were allowed, it should only be under track one (reasonably foreseeable natural death). The committee recommends that mature minors should have access to MAID under track one. The committee  also recommends that youth be consulted on the topic of MAID and mature minors. Finally, the committee heard that there is significant support among Canadians to be able to make an advance request for MAID. A key requirement for MAID is that a person have the capacity to consent to its provision. When someone has a diagnosis that involves the future loss of capacity, such as dementia, an advance request would allow the person to indicate under what conditions they would like MAID to be provided in future. The advance request would have to be made while the person still has capacity. The committee heard details about what the advance request should contain, and that the request should be periodically reviewed. While most of the details relating to advance requests fall to the provinces and territories since they are primarily responsible for healthcare, the Criminal Code would still need to be amended to allow advance requests, and the committee supports amending the Criminal Code in that manner.