Quebec Defies Criminal Code Prohibition, Begins Accepting Advanced Requests for Assisted Dying

October 30, 2024 TruthUSA

Quebec will start accepting advanced applications for medical assistance in dying (MAID) despite federal restrictions in the Criminal Code, according to provincial officials.

Health Minister Mark Holland stated this week that Quebec’s plans go against Canadian law.

“The Criminal Code has not changed. It is still illegal in this country under the Criminal Code to enact advance requests,” Holland said during an Oct. 28 press conference.

Quebec’s decision to accept advanced requests allows individuals with an illness that will eventually prevent them from giving consent for MAID to arrange in advance for assisted death when their condition worsens, possibly months or years later.

Sonia Bélanger, the minister responsible for seniors, confirmed that the province has conducted a detailed analysis of the implementation of the new rules and will move forward with the program without the approval of Ottawa.

“Quebec has full jurisdiction to legislate in the area of health care,” she said in a social media post.

Quebec revised its assisted dying legislation last year, but the introduction of advance requests was put on hold initially to await changes to Canada’s Criminal Code.

The current Criminal Code requires a health-care provider administering medically-assisted death to ensure the person gives “express consent” right before receiving MAID. The individual must also have the option to retract the request.

The province announced last week that it will not wait for Ottawa to amend the law. As of Oct. 30, Quebec is now receiving advance MAID requests in situations where a person’s future condition might render them incapable of consenting at a later date. For instance, individuals with Alzheimer’s disease would have the opportunity to request MAID with the intention of undergoing the procedure when they can no longer communicate their wishes.

Bill 11, passed by Quebec in June 2023, includes a provision safeguarding doctors from prosecution. The province has requested the Crown prosecutor’s office not to press charges against doctors participating in the advanced MAID program as long as they adhere to the provincial legislation.

Holland mentioned that although Quebec’s advance request program remains illegal under the Criminal Code, Ottawa will not compel provincial authorities to prosecute for providing advance MAID.

“I can’t direct a province how it’s going to administer its judicial system,” he said. “That is something that’s not in our control. And I would say that it’s extremely important to say that we have a spirit of cooperation here, that the issue that Quebec raises is a legitimate and fair issue.”

Instead, Ottawa plans to initiate a nationwide consultation on the matter in November, with a report expected by March 2025.

“I think we need time for a conversation about those kinds of issues and how we want to deal with them as a country,” Holland said.

The health minister has previously expressed concerns about Quebec’s advancement of consent before changes to the Criminal Code. Associate Deputy Health Minister Dr. Stéphane Bergeron told reporters last week that approving the first requests will take time, giving the health system adequate time to prepare.

Holland raised doubts about the readiness of the system to handle advance requests, emphasizing the importance of proceeding cautiously when dealing with such a sensitive issue.

The utilization of MAID has significantly increased in recent years as Canada expanded its assisted dying regulations to include more groups of people, resulting in a rise in usage by individuals facing significant vulnerabilities.

Quebec Legislation

A set of criteria must be met to submit an advance request for medical aid in dying, as outlined by Quebec’s health ministry.

To request advance MAID in Quebec, the individual must comprehend their medical situation and be able to clearly communicate their wishes, according to the health ministry’s website.

“The request must be made freely, without external pressure,” the page states. “It must also be informed, meaning that the person making the request is aware of, among other things, what medical aid in dying entails and that there are other treatment options. The request must be made by the individual for themselves and of their own volition.”

Once an individual finds a physician or specialized nurse practitioner willing to assist with the advance MAID request, they must provide a detailed description of the symptoms related to their condition that justify the request for the procedure.

“The expressions chosen by the person will serve as their consent to receive medical aid in dying when they are no longer able to consent to care,” the page explains.

Bergeron mentioned that the province does not have an estimate of the potential requests the healthcare system could receive as a result of the rule change but stated there is strong support for the decision across Quebec.

He expressed confidence that Quebec’s experience in providing MAID would assist the province in navigating any challenges posed by the new regulations.

The Canadian Press contributed to this report.

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