LAUSR

Medical Assistance in Dying (MAiD) has rapidly advanced in Canada in recent years including its use within prison populations. In June 2016, the prohibition on physician-assisted suicide in Canada’s criminal code was rescinded, and MAiD was enacted under Bill-C14. This allowed competent persons over the age of 18 with ‘grievous and irremediable’ medical conditions to be eligible for MAiD under the condition that death was ‘reasonably foreseeable’ and that the request is made voluntarily. A ‘grievous and irremediable’ medical condition was defined as a serious and incurable illness, disease or disability that causes enduring and intolerable physical or psychological suffering and cannot be relieved under conditions the person considers acceptable. In March 2021, further legislative revisions in Bill-C7 removed the prerequisite of a foreseeable death. This change initially excluded ‘mental disorders as the sole underlying medical condition’ (MDSUMC); however, mental disorders will qualify for MAiD from March 2023. Given that Section 86(1) of the Corrections and Condition Release Act obliges inmates the right to access ‘essential healthcare’ and that existing policy deems MAiD a healthcare procedure, prisoners are entitled to MAiD services for non-terminal and terminal medical conditions that otherwise meet the legal thresholds. In 2021, 3.3% of all deaths in Canada were by MAiD, almost all by physician-delivered euthanasia which is the highest rate in the world. Corrections Services Canada published Guideline 800-9 to outline the procedure for MAiD requests specific to the intricacies of the incarcerated setting.