Ottawa will not challenge Quebec MAID law that allows advance requests

Quebec will authorize anticipated requests for MAID on Oct. 30, without waiting for Ottawa to amend its criminal code. (David Joles, The Canadian Press)

Ottawa said it will not challenge a Quebec law that allows people to request medical assistance in dying (MAID) in advance.

Bill 11, adopted by the Quebec legislature in June 2023, expanded access to MAID by allowing people with serious and incurable diseases such as Alzheimer's to request a doctor-assisted death before their condition prevents them from consenting to one.

It also includes a provision that protects doctors from prosecution since Ottawa has not made changes to the Criminal Code, which still prohibits MAID services in advance.

Quebec will become the first province in Canada to start accepting such requests on Oct. 30.

"The Government of Canada acknowledges the work the Government of Quebec has conducted on the implementation of advance requests and their interest in having the Criminal Code amended so that advance requests can be permitted for residents of Quebec. As the Criminal Code applies uniformly across Canada and does not permit the provision of MAID based on an advance request, providing MAID pursuant to an advance request remains an offence under the Criminal Code," reads a news release from the federal ministers of health, justice and the Attorney General of Canada.

The federal government's "national conversation" on advance MAID requests will include formal discussions with all provinces and territories, roundtables, and online surveys. The consultations will be done by January 2025 before a final report is released next spring, the government said.

Quebec's Crown prosecution office has said in a directive that "it would not be in the public interest to authorize the laying of criminal charges in connection with a death that occurred in the context of medical assistance in dying, or to allow a private prosecution to proceed, if the analysis of all the evidence confirms that the care was provided in accordance with the wishes regarding care expressed in a free and informed manner, taking into account the conditions set out in the Act respecting end-of-life care."

With files from The Canadian Press