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Bill S-248: Advance request for MAiD

09 July 2024
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A private member’s bill that would allow advance requests for euthanasia is moving through the Senate. Bill S-248 was introduced by Senator Pamela Wallin and has passed two of three votes in the Senate. The next step is for the bill to be studied by a Senate committee.

The Criminal Code requires a person be able to consent to their death at the time their life is ended through MAiD. There is currently a narrow exception for people whose death is “reasonably foreseeable” for them to waive their final consent if they have lost capacity on the day planned for their death by MAiD. 

Bill S-248 would expand the law so that a person whose death is not “reasonably foreseeable” could have their life ended on or before a specific day if they have lost the capacity to consent, if they have entered into a written arrangement ahead of time.

The bill would also allow a person’s life to be ended when they have lost capacity and certain conditions are met.

The EFC is very concerned about the troubling precedent of ending the life of a person who can't consent. This could end the life of a person who is content in their circumstances. It also leaves the decision about when to end a person’s life and whether the conditions have been met to a doctor or family member, which is not only a significant burden to bear, but one that comes with the possibility of conflict of interest. Advance directives for health care can also be complicated to carry out because the circumstances may not align exactly with what is anticipated.

Advance requests also have implicit discrimination against people with disabilities. They express the idea that life is not worth living without a particular ability or competence. It implies that life is not worth living for others in those circumstances.