2024-09-09 01:27:13
Quebec will authorize advance requests for medical assistance in dying (MAID), without waiting for Ottawa to amend its Criminal Code.
The provisions of the Act to amend the Act respecting end-of-life care and other legislative provisions relating to advance requests for medical assistance in dying, [entreront] effective October 30, 2024, announced Saturday the Minister responsible for Seniors and Delegate for Health, Sonia Bélanger, and the Minister of Justice and Attorney General of Quebec, Simon Jolin-Barrette.
“In accordance with the Act, a person diagnosed with a serious and incurable illness leading to incapacity to consent to care may make an advance request for medical assistance in dying,” their press release states.
The new version of Quebec’s MAiD law was adopted on June 7, 2023, and will allow advance requests for people with a serious and incurable illness, such as Alzheimer’s.
The Minister of Justice and Attorney General of Quebec, Simon Jolin-Barrette, asked the Director of Criminal and Penal Prosecutions (DPCP) “to take into account the broad consensus in Quebec on the issue of advance requests for medical assistance in dying and to ensure that the conditions set out in the Act respecting end-of-life care are respected when deciding whether or not to lay criminal charges.”
Following the new direction taken by the Minister, the Director of Criminal and Penal Prosecutions announced on Saturday morning his intention to issue an instruction to criminal and penal prosecutors.
“This instruction will indicate that it would not be in the public interest to authorize the filing of a criminal prosecution in connection with a death that occurred in the context of medical assistance in dying, or to allow a private prosecution to follow its course, if the analysis of all the evidence confirms that this care was provided in compliance with the wishes regarding care expressed freely and in an informed manner, considering the conditions provided for in the Act respecting end-of-life care (RLRQ, c. S-32.0001),” indicates a press release from the DPCP.
“The instruction will also provide that any file involving a death occurring in the context of medical assistance in dying that could be submitted to the DPCP must be brought to the personal attention of the director so that the latter can determine the appropriate decision-making process.”
DPCP director Patrick Michel said prosecutors will only intervene when a police investigation has taken place or a complaint has been filed that a person’s wishes were not respected in accordance with the law, for example, if a person had been coerced.
Asked about the legality of Quebec’s decision, since Ottawa has still not amended the Criminal Code, Mr. Michel explained that prosecutors will continue to apply Quebec law until Ottawa intervenes and takes measures.
“We are an organization that applies the law, we must assume that the provincial law is valid, and we will take that into account in our decisions,” Mr. Michel told The Canadian Press in an interview.
“To obstruct the application of the provincial law, the federal government would have to initiate an appeal against the legality of the law, and then it would have to convince a judge to stay the application of the law while the court rules on the validity of the provincial law. Otherwise, the law is presumed valid until it is invalidated,” he added.
The Collège des médecins du Québec responded to the announcement in a post on the social network X on Saturday afternoon. “The Collège is in favour of advance requests for people with a diagnosis of neurodegenerative disease who would not be able to consent to MAiD later,” it read.
“We deplore the fact that Ottawa has not yet amended the Criminal Code to authorize this well-marked approach, which has gained consensus in Quebec. We take note of the directive of the [ministère de la Justice] and analyze the protection afforded to clinicians,” the organization added.
The president of the Order of Nurses of Quebec, Luc Mathieu, welcomed Quebec’s announcement in a short statement sent by email.
“Advance requests will certainly allow Quebecers who meet the conditions to obtain the care that will allow them to take their last breath with dignity,” he wrote. “Until it comes into force, issues remain to be clarified. Our attention is therefore turned to the federal government so that it quickly joins the broad Quebec consensus.”
Last February, Quebec ministers called on the federal government to amend the Criminal Code to prevent health professionals who administer MAiD under an advance request from committing a criminal offence.
“The issue of advance requests for medical assistance in dying is widely agreed upon in Quebec. The government is taking the necessary steps to ensure that the collective choices of the Quebec nation are respected and to allow the provisions of the Act respecting end-of-life care duly adopted by the National Assembly of Quebec to come into force,” declared Mr. Jolin-Barrette.
“Our Act respecting end-of-life care includes strict guidelines and ensures rigorous supervision for people who wish to make an advance request for medical assistance in dying. […] “Quebec continues to be a leader in this area by taking the necessary steps to ensure that patients’ right to die with dignity is respected,” stressed Minister Sonia Bélanger.
To see in video
1725886639
#Quebec #authorize #advance #requests #medical #assistance #dying #October
Table of Contents
- 1 Here are some PAA (People Also Ask) related questions for the title: **Quebec to Allow Advance Requests for Medical Assistance in Dying (MAID) Starting October 30, 2024**:
- 2 Here are some PAA (People Also Ask) related questions for the title “Quebec Authorizes Advance Requests for Medical Assistance in Dying (MAID): A New Era in End-of-Life Care”:
Quebec to Allow Advance Requests for Medical Assistance in Dying (MAID) Starting October 30, 2024
In a significant development, Quebec has announced that it will permit advance requests for medical assistance in dying (MAID) as of October 30, 2024, without waiting for changes to the federal Criminal Code. This decision marks a crucial step forward in expanding access to MAID for individuals with serious and incurable illnesses.
Understanding MAID Legislation in Quebec
MAID legislation in Quebec was first introduced in 2016, allowing eligible adults whose death is imminent to request medical assistance in dying [[3]]. However, the existing law did not permit advance requests for MAID, which limited the ability of individuals with conditions like Alzheimer’s to access the service.
New Provisions for Advance Requests
The new version of Quebec’s MAID law, adopted on June 7, 2023, now allows individuals with serious and incurable illnesses to make advance requests for MAID [[1]]. This change is significant, as it enables people with conditions that may impair their ability to consent to care in the future to have more control over their end-of-life care.
Under the new provisions, a person diagnosed with a serious and incurable illness leading to incapacity to consent to care may make an advance request for medical assistance in dying. This advance request will be respected, as long as the individual’s wishes were expressed freely and in an informed manner, as outlined in the Act respecting end-of-life care.
Prosecutorial Guidelines
To ensure that the new provisions are enforced fairly, the Director of Criminal and Penal Prosecutions (DPCP) has announced guidelines for prosecutors. According to these guidelines, prosecutors will not intervene in cases where a police investigation has taken place or a complaint has been filed, and it is confirmed that the individual’s wishes were respected in accordance with the law [[2]].
Protecting Vulnerable Individuals
The Quebec court has emphasized that a person can be vulnerable due to illness, yet still retain the capacity to consent to MAID [[2]]. This highlights the importance of ensuring that advance requests are made voluntarily and without coercion.
Conclusion
Quebec’s decision to allow advance requests for MAID starting October 30, 2024, marks a significant step forward in expanding access to end-of-life care for individuals with serious and incurable illnesses. By respecting individual autonomy and ensuring that wishes are respected, Quebec’s new provisions align with the values of compassion, dignity, and respect for human rights.
References:
Quebec Authorizes Advance Requests for Medical Assistance in Dying (MAID): A New Era in End-of-Life Care
In a significant move, Quebec has announced that it will allow advance requests for Medical Assistance in Dying (MAID), effective October 30, 2024. This decision marks a significant shift in the province’s approach to end-of-life care, allowing individuals with serious and incurable illnesses to plan for their own death with dignity.
What is MAID?
Medical Assistance in Dying, also known as MAID, is a process that allows eligible Canadian adults to request medical assistance in dying. According to the FAQ by Associatioin Québécoise de Soins Palliatifs (AQDP) [[1]], MAID is a medical service that allows a person to receive medical assistance in dying if they meet certain eligibility criteria.
Advance Requests for MAID
The new legislation, adopted on June 7, 2023, permits individuals with a serious and incurable illness, such as Alzheimer’s, to make an advance request for MAID. This means that individuals can plan for their own death, even if they are no longer capable of consenting to care at the time of their death [[2]].
Criteria for Requesting MAID
To be eligible for MAID, an individual must meet certain criteria, including:
Being at least 18 years old
Being capable of giving informed consent
Having a serious and incurable illness
Being in an advanced state of irreversible decline
* Experiencing unbearable suffering that cannot be alleviated by palliative care
Quebec’s Decision: A Response to Federal Inaction
Quebec’s decision to authorize advance requests for MAID comes in response to Ottawa’s failure to amend the Criminal Code, which currently prohibits such requests. The Minister of Justice and Attorney General of Quebec, Simon Jolin-Barrette, has instructed the Director of Criminal and Penal Prosecutions (DPCP) to take into account the broad consensus in Quebec on the issue of advance requests for MAID [[3]].
Legal Implications
While some may question the legality of Quebec’s decision, given the federal government’s inaction, prosecutors will continue to apply Quebec law until Ottawa intervenes and takes measures. As Director of Criminal and Penal Prosecutions, Patrick Michel, explained, “We are an organization that applies the law, we must assume that the provincial law is valid, and we will take that into account in our decisions” [[4]].
Reaction from Healthcare Professionals
The Collège des médecins du Québec and the Order of Nurses of Quebec have welcomed Quebec’s announcement, recognizing the importance of advance requests for individuals with serious and incurable illnesses. The president of the Order of Nurses of Quebec, Luc Mathieu, stated, “Advance requests will certainly allow Quebecers who meet the conditions to obtain the care that will allow them to take their last breath with dignity” [[5]].
Conclusion
Quebec’s decision to authorize advance requests for Medical Assistance in Dying marks a significant shift in the province
