The government’s new medical assistance in dying (MAID) legislation is a serious and unjust setback to Canadian's end-of-life rights, according to the BC Humanist Association.
Yesterday, federal Justice Minister Sean Fraser tabled Bill C-41, the MAID Safeguards Act. As promised, the Bill will ban MAID for people with mental illnesses, while permitting advance requests under certain circumstances.
Specifically, the Bill creates a framework for adults diagnosed with an illness expected to cause loss of decision-making capacity to request MAID in advance. However, this will only be available to residents of provinces and territories that pass their own enabling legislation. Additionally, the Bill excludes individuals whose sole underlying medical condition is a mental illness from MAID.
The BCHA remains deeply concerned that the Bill undermines Canadian’s access to MAID and their fundamental rights. As Dying With Dignity Canada responded: this Bill is “fundamentally flawed.” It discriminates against those suffering from certain illnesses and will exacerbate inequity in access by promoting a disjointed collection of provincial systems.
A national framework would have guaranteed every eligible Canadian access to advance requests, wherever they live. Instead, some may never be able to make an advance request in their province or territory.
“The Health Minister claims to respect personal autonomy and individual choice,” said BCHA Executive Director Ian Bushfield. “But this Bill arbitrarily denies those rights and those choices to Canadians based on the nature of their illness or the province in which they live.”
As BCHA has previously argued, the exclusion of MAID for those suffering from mental illnesses has no legal or human rights justification; it tells people their pain matters less.
“It is disappointing that advance requests have not been made more accessible,” says Elena Kugelstad, BCHA Engagement Officer. “Leaving the decision to provincial governments will bar many Canadians from MAID.”
In response, Dying With Dignity Canada is asking you to write to the Prime Minister, Ministers of Justice and Health and your local MP to demand access to advance requests for every Canadian, no matter where they live. Send your email today.
Bill C-41 is currently only at first reading in the House of Commons. BCHA will continue to monitor its progress and challenge this Bill at every opportunity. Get our action alerts to be the first to know how you can help defend Canadian’s rights.
BCHA will also be challenging the new provincial government to pass the necessary legislation for British Columbians to be able to make an advance request, should C-41 become law. The organization will also continue to fight to ensure British Columbians can access MAID in all provincially-funded facilities.
BCHA is an intervener in and currently awaiting a decision from the Supreme Court of BC in O'Neill v British Columbia, which challenges the province's exemption of religious healthcare facilities from providing MAID.
Background: The Government of Canada’s press release