Canadians with incurable illnesses could soon make advance MAID requests under federal bill
Bill C-41 would let eligible Canadians with incurable illnesses make advance requests for MAID, but provinces would decide whether to offer them.
The day's top stories, food & events — every morning at 7. Unsubscribe anytime.
Canadians diagnosed with an incurable illness could soon be able to request medical assistance in dying in advance, under a federal bill tabled Tuesday by Justice Minister Sean Fraser.
Bill C-41, the proposed MAID Safeguards Act, would let eligible adults make an advance request while they still have decision-making capacity. The request is meant to honour their wishes later in the illness, when they can no longer decide in the moment. Alzheimer's disease was given as an example of a condition where this could apply.
An advance request does not guarantee MAID will be provided. At the time it is carried out, a person would still have to meet eligibility requirements and experience intolerable conditions. The federal government says additional safeguards are needed to ensure requests remain voluntary.
Provinces and territories would decide whether to offer advance requests through their health-care systems, which could mean access varies across Canada. Quebec authorized advance requests in 2024. Dying With Dignity Canada has criticized the province-by-province approach, saying it could create unequal access, and is calling on Ottawa to change the legislation so eligible people can access MAID.
The bill also keeps people whose sole underlying medical condition is mental illness excluded from MAID indefinitely. That exclusion blocks an expansion currently scheduled for March 17, 2027.
Bill C-41 must pass Parliament to become law. Fraser hopes it clears the House of Commons before the parliamentary winter sitting ends in December 2026.
