Quebec Starts to Approve Early MAID Requests without Waiting for Federal Reforms
Starting next month, Quebecers who wish to arrange a medically assisted death before losing the ability to provide consent can do so, the province announced. It revealed a plan to fulfill such requests without waiting for changes to the country’s criminal code.
Quebec’s government previously decided to move forward with early MAID requests without waiting for federal amendments and set a date for such requests to be granted, starting October 30.
“Advance requests for medical assistance in dying are widely supported in Quebec,” stated Justice Minister Simon Jolin-Barrette in a press release. Seniors Minister Sonia Bélanger praised the province as a leader in upholding patients’ right to die with dignity.
The government has requested the Director of Criminal and Penal Prosecutions to adhere to the provisions outlined in the province’s End-of-Life Care Act when considering criminal charges.
In response, the Director’s office released a statement indicating that criminal prosecutions for deaths involving MAID within compliance with the act would not be deemed in the public interest.
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Quebec previously intended to wait for federal adjustments to grant early requests, but it now moves forward without delay. In June 2023, Quebec passed a law allowing individuals with severe and incurable illnesses to request MAID while still capable of consent.
The Criminal Code stipulates that before administering medically assisted death, health-care workers must offer the person a chance to withdraw their request and ensure explicit consent. Certain criteria must be met for waiving the consent requirement, such as entering into a written arrangement specifying the desired date for death.
According to Quebec’s law, a patient’s advance request involves a detailed description of triggering symptoms for medical aid in dying after losing consent capacity, with the assistance of a health professional.
A report from Parliament’s joint committee on MAID recommended amending the Criminal Code to allow advance requests following a diagnosis of a serious and incurable medical condition.
