Say eligibility shouldn’t be denied due to age

In June 2016, Canada passed a monumental piece of legislation that legalized Medical Assistance in Dying (MAiD). This legislation allowed adults to make the decision to end their lives, with medical assistance, if they were suffering from a terminal illness or extreme pain. After the initial passing of the legislation, there was a proposal to expand the legislation to include “mature minors”. [i]

This would mean that minors, who were deemed to have the mental capacity to make the decision, would be allowed to access MAiD. This event was a significant accomplishment for Canadian healthcare, as it would be the first time minors would be able to access this type of medical assistance. [i]

It was the first time that minors could access medical aid-in-dying. The Canadian government has taken steps to ensure medical care is delivered in a safe and ethical way. They have implemented various regulations and guidelines. [i]

The Canadian Medical Association has issued guidance on MAiD for mature minors. This takes into account the individual needs and abilities of each child. This guidance includes several considerations:

• The maturity level of the individual.
• Their ability to understand the implications of the decision.
• The availability of other treatments. [ii]

The Canadian government has set up a review committee. It evaluates individual cases to make sure all requirements are fulfilled before a mature minor can access MAiD. [ii]

Medical Assistance in Dying (MAiD) is now available. It assists those with terminal illnesses who wish to take control of their fate and end their suffering. MAiD gives them autonomy and freedom of choice. [iii]

Certain individuals may not have the necessary knowledge to make an informed, independent decision on Medical Assistance in Dying. Therefore, they may not be able to make an informed decision. [iii]

People oppose MAiD because they feel those individuals may not be aware of all the facts when making a decision. [iii]

Therefore, they may not be in a position to make a choice on their own. There are worries that MAiD might be used as euthanasia. However, many organizations do not support this practice. [iii]

The Special Joint Committee on Physician-Assisted Dying made a recommendation.

They suggested that the Canadian Government should give terminally-ill minors with sound judgment the chance to ask for euthanasia. This would be done on a case-by-case basis, depending on the individual circumstances and in accordance with existing legislation. [iv]

The Committee proposed that the minor would need to be assessed by a medical practitioner to determine if they possess the capacity to make an informed decision about the end of their life. They also recommended that the minor’s parents or guardians be involved in the decision-making process and that the minor’s wishes be taken into account. [iv]

The Committee also proposed that any minor seeking euthanasia must be made aware of all the available options, including palliative care, before making a decision. In addition, the Committee recommended that the minor’s request must be approved by two independent medical practitioners in order to protect the rights of vulnerable minors. [v]

Although the committee recommended that parents should be consulted and involved in the decision-making process when it comes to Medical Assistance in Dying (MAiD) for a child, the ultimate suggestion was that the Government should give the child’s decision the final say and allow it to override any guardianship decision made by the parent or guardian. [vi]

This would allow the child to be the one who ultimately decides whether or not to pursue MAiD, regardless of what the parent or guardian may decide.The committee also suggested that the minor’s decision should be respected and taken into consideration, along with the opinion of the parents, and that the Government should provide appropriate and adequate resources to ensure that the minor receives the care, support, and advice that they require. [vi]

In addition, the Committee stated that the minor’s request should be reviewed by a court or tribunal of competent jurisdiction to ensure that the decision is made in accordance with the best interests of the minor. [vi]

References

[i] Ken Ham, Canada Urged to Expand Assisted Suicide to “Mature Minors” (Mar. 6, 2023)

[ii] Id.

[iii] Connor McDowell, Federal committee recommends assisted-dying expansion to some minors (Feb. 16, 2023)

[iv] Id.

[iv] True North, We need to talk about assisted suicide in Canada (Oct. 20, 2022)

[vi] True North, Canada’s new assisted death rules are giving up on the vulnerable (Nov. 17, 2022)