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 concerning advance requests for medical assistance in dying will come into force on 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.”
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.