How a BC court case could change medical aid in dying across Canada
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The policy that allows faith-based health-care providers to ban medical assistance in dying in their facilities is now being tested in the BC Supreme Court. The plaintiffs want the policy rescinded so that patients do not have to be transferred to another facility in the final moments of their lives.
If the case goes to the Supreme Court of Canada, its impact on the rest of the country could be significant. here’s why.
How many people receive MAID each year in Canada?
The numbers are increasing. In 2024, MAID was provided to 16,499 patients, up from 9,950 in 2021. This represents 5.1 per cent of all deaths in Canada in 2024.
How often do these transfers occur?
Transfer to MAID may occur for a number of reasons, for example, a patient who wishes to be transferred from a hospital to die at home.
Data from Health Canada’s annual report on MAID shows that in 2023, less than half of transfers to MAID were due to the policy of the facility where the patient was located. In 2024, this was true for a quarter of transfers. Data for 2021 and 2022 were not available.
How does it break down by province?
The trial is taking place in BC, where about a third of MAID-related transfers were due to ease into policy in 2024.
But Health Canada data shows such transfers are more common in other provinces, particularly in Manitoba (77%) and Alberta (74%). They are least common in the territories, P.E.I. and Newfoundland, some of which have no faith-based health care facilities, and in Quebec, where such facilities are required to permit MAID.
What does the law say about this in different provinces?
The BC Supreme Court heard earlier this week from Sarah Bergen, who is the MAID director for the BC Ministry of Health. Part of their role is to liaise with officials in other provinces to understand how MAID requests are handled in other jurisdictions. The following is based on his testimony.
BC, Alberta and Manitoba and New Brunswick have policies that require faith-based institutions to facilitate requests for information about MAID, but do not require them to allow it in their facilities. The situation is similar in Newfoundland and Labrador, according to Previous CBC reporting.
Saskatchewan and Ontario do not have a provincial policy and leave the decision up to individual institutions.
Quebec requires that the assessment and provision of MAID be allowed in long-term and palliative care facilities, even if they are faith-based. a quebec judge refuse An application from the Roman Catholic Archdiocese of Montreal for an exemption from that law for one of its palliative care homes until the case can be heard.
Nova Scotia’s policy is vague, but At least one faith-based hospital The province has a dedicated location where MAID can be administered.
PEI and Yukon have no faith-based end-of-life care facilities.
It is not known whether there are faith-based palliative care facilities or policies governing this in the Northwest Territories and Nunavut.
Would it force those who do not agree with MAID to participate against their conscience?
No, it will allow practitioners who are willing and able to perform and assist with MAID in buildings owned or leased by faith-based facilities. Employees at these facilities will not be required to participate.
