In June 2016, Canada passed legislation that allows eligible Canadian adults to request medical assistance in dying. In March 2021, amendments were made to this law, including expanding the eligibility criteria. Although Canada is not a pioneer in this area, only four U.S. states (Oregon, Washington, Montana, Vermont), five countries (Switzerland, Belgium, the Netherlands, Luxembourg and Colombia) and the province of Québec have preceded it.

 

What are the provisions of this law in Québec and elsewhere in Canada? The Aeterna Complex sheds light on some valuable information to support the loved ones of a person who wishes to receive medical assistance (or “aid” as it is called in Québec) in dying.

 

According to the Québec government's definition: "Medical aid in dying consists of a doctor administering medication to patients at the end of life, at their request, in order to relieve their suffering by bringing about their death."*

 

Medical aid in dying is an umbrella term that encompasses the concepts of assisted suicide and euthanasia. In assisted suicide, the doctor provides the lethal substances to a person, who then self-administers them. Euthanasia refers to the act of a health care professional intentionally causing the death of a patient.

 

In Canada, both of these ways of proceeding with medical assistance in dying are provided for in the law: the doctor can administer a substance that causes death (active euthanasia), or prescribe a drug that the person then self-administers (assisted suicide).

 

Access to medical aid in dying is strictly controlled.

 

To be eligible, the individuals concerned must meet all of the following criteria:

• Be eligible to receive health care services funded by their province or territory

• Be at least 18 years of age

• Have the mental capacity to make informed health care decisions

• Have a serious and incurable health problem, i.e., suffer from a serious illness or disability, be in a state of advanced decline and experience unbearable suffering

• Make a request of their own free will, without external influence

• Give informed consent to receive medical aid in dying

 

It should be noted that according to these criteria, it is not necessary to have a terminal illness or to be terminally ill. Moreover, a person can’t give advance consent to medical aid in dying, for example in a power of attorney.

 

The first step in obtaining medical aid in dying is to make a verbal request to your doctor. You must then:

• Fill out the Request for medical aid in dying form, available from the doctor.

• Sign the form in the presence of a doctor and then have it signed by the doctor as well as by two independent witnesses.

• Repeat the verbal request in every discussion with your doctor.

 

An independent witness:

• Will not receive any benefit (such as an inheritance) as a result of the death of the person receiving medical aid in dying

• Does not own or operate the facility where the person requesting medical aid in dying receives care or resides

• Is not directly involved in providing health care or personal care services to that person

 

The decision to opt for medical aid in dying can be difficult to accept for some of the person's loved ones, and is never easy to make. However, it is important to keep in mind that it allows the person concerned to choose how to live his or her last moments. It is a compassionate measure that brings comfort and dignity to the illness and pain. If you think you may need to resort to medical aid in dying at some point in your life, we recommend that you inform your loved ones so that they are aware of your decision in advance. If you have any questions or need support, the advisors at the Aeterna Funeral Complex are available 24 hours a day to answer your questions.    

 

Sources:

* https://www.quebec.ca/en/health/health-system-and-services/end-of-life-care/medical-aid-in-dying