Early MAiD requests will be accepted in Quebec as of the end of October

Starting October 30, Quebecers will be able to arrange a medically assisted death (MAiD) in advance of losing the capacity to consent, as the province moves forward with its plan independent of federal changes to the Criminal Code.

Quebec announced last month that it would no longer wait for federal amendments and would proceed with allowing early MAiD requests.

Justice Minister Simon Jolin-Barrette emphasized the broad consensus on the issue within Quebec, and Seniors Minister Sonia Bélanger described the province as a leader in upholding “patients’ right to die with dignity.”

The government has instructed the Director of Criminal and Penal Prosecutions to adhere to the conditions outlined in Quebec’s act respecting end-of-life care regarding criminal charges.

In response, the Director’s office stated it would not authorize criminal prosecutions for deaths resulting from MAiD, provided the procedure is conducted in compliance with the provincial law.

Director Patrick Michel confirmed that prosecutors would only intervene if there is a police investigation or a complaint regarding non-compliance with the law, such as allegations of coercion.

Michel noted that until Ottawa intervenes, the provincial law will be treated as valid. He explained that for the federal government to challenge the law, it would need to convince a judge to suspend the provincial law’s application, which has not yet occurred.

Previously, Quebec had planned to wait for federal modifications to the Criminal Code to protect health-care workers from charges related to MAiD.

However, in June 2023, the province adopted a law allowing individuals with serious, incurable conditions like Alzheimer’s to request MAiD while they are still capable of consent, with the procedure carried out after their condition deteriorates.

The Quebec College of Physicians and the Order of Quebec Nurses have expressed support for the provincial initiative and criticized Ottawa for not yet amending the Criminal Code.

The College of Physicians highlighted the consensus in Quebec on the procedure, while the Order of Quebec Nurses urged federal lawmakers to act swiftly to align with Quebec’s approach.

Under Quebec’s law, advance MAiD requests are made with a health professional’s assistance and must detail the symptoms that will trigger medical aid in dying once the patient can no longer consent.

The Criminal Code currently requires that patients give express consent immediately before the administration of MAiD, with specific exceptions for advance requests that involve written arrangements specifying the desired date of death.

In February 2023, a special joint committee of Parliament recommended federal amendments to the Criminal Code to allow advance requests following a diagnosis of a serious and incurable condition.