The Expansion of Medical Assistance in Dying in the COVID-19 Pandemic Era and Beyond: Implications for Vulnerable Canadians

Abstract

In 2015, the Canadian parliament passed a law permitting adults to request Medical Assistance in Dying (MAiD) when they have a grievous, irremediable medical condition that causes unbearable suffering and their natural death is reasonably foreseeable. Following a constitutional challenge, a Quebec lower court, ruled in the Truchon vs. Canada AG case that the restriction to a reasonably foreseeable death is an unjustifiable impingement on the right to life, liberty, and security of the person and the right to equality. In response, the government expanded the MAiD law in March 2021 through Bill C-7 to include those who are not approaching their natural death. Bill C-7 is a potentially harmful approach to justice for vulnerable groups such as the elderly, disabled, or those with chronic illnesses. The COVID-19 pandemic has highlighted serious problems with how we care for the vulnerable members of our society. In this article, we explore what has gone wrong and what has raised serious concerns, while proposing potential options to consider when developing new laws, systems, and processes to improve societal equity.