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CANADA: Quebec Introduces Policy To Allow Doctors To Euthanize Patients Who Gave “Advanced Consent” To Die

Natasha Biase

The government of Quebec is facing backlash for introducing a policy that allows patients to provide “advanced consent to die” by medical assistance in dying (MAID). The policy will be implemented on October 30 and protects physicians from facing criminal charges if they euthanize someone who cannot consent at the time.

According to CBC News, the provincial government had previously announced it would wait until the federal government amended the Criminal Code to enact the policy. But, after receiving multiple rejections, the province decided to move forward without the changes.

As a result, Director of Criminal and Penal Prosecutions (DCDP) Patrick Michel, who “authorizes and directs criminal and penal prosecutions on behalf of the Quebec government,” issued a statement explaining it would “not be in the public interest” to charge medical professionals who provide medically assisted death.

He also asked to be notified of any MAID submissions sent to the DPCP so he can “determine the appropriate decision-making process.”

The policy is a radical deviation from the current guidance on MAID, where patients are required to be able to give consent both at the time of the request, and immediately before receiving the injection that will end their life.

News of Quebec’s revised plans for physician-assisted death prompted a mixed reaction on X. While some were concerned about the implications this policy will have if a patient changes their mind:

Others, referring to MAID as a human right, praised the decision:

Following the announcement Justice Minister Simon Jolin-Barrette said in a statement that “the issue of advance requests for medical assistance in dying is widely supported in Quebec,” and the provincial government is “taking “necessary steps” to ensure that “the collective choices of the Quebec nation are respected.”

Last year, over 5,500 people died by medical-assisted death in Quebec, accounting for over 7% of all deaths in the province. 

Although data revealed it was down from previous years, the French-speaking province is recorded as having the highest euthanasia rates in the world.

This is not the first time Canada’s MAID laws have stirred up controversy. As previously reported by The Publica, the College of Physicians and Surgeons of Nova Scotia (CPSNS) received pushback from medical professionals last July for requiring those with conscientious objections to euthanasia to refer patients seeking euthanasia to other doctors.

The CPSNS guidelines, which all medical professionals must adhere to, were published on May 24 and offer instructions to physicians on navigating caring for patients when conflicts arise.

“This document applies to all situations in which physicians are caring for patients, including, but not limited to, Medical Assistance in Dying (MAID), immunization, reproductive care and gender-affirming care.”

The guidelines also order doctors to inform patients about all treatment options “even if providing such information conflicts with the physician’s conscience” and requires them to refer patients to a new doctor if they have a “conscientious objection to certain treatments for personal or religious reasons.”

In response to the guidelines, medical practitioners across the province signed a letter stating they would ignore the policy, with many raising concerns that it could lead to doctor shortages.

Despite the criticisms, the chief executive and registrar of the CPSNS, Dr Gus Grant, explained in an interview that patients’ rights must take precedence over personal objections.

“These 41 physicians (who have written letters against the regulation) are in effect saying the rules of the profession will not apply to them, and that means their patients will not be supported,” he said, adding that the regulations are a “step to ensuring that patients’ rights come first.”

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