441-01356 (Justice)

Canada’s medical assistance in dying (MAID) regime permits persons who meet all the eligibility criteria in section 241.2 of the Criminal Code to receive MAID. In order to be eligible, a person must be at least 18 years old, make a voluntary request for MAID and consent to receiving it, and, as such, eligibility for MAID cannot be extended to babies under the existing framework. The Government of Canada has no intention of creating exemptions to criminal offences to permit MAID for babies. The Parliamentary Special Joint Committee on MAID (AMAD) recently completed its review of the provisions of the Criminal Code relating to MAID and their application, and of other issues, including those relating to mature minors (i.e., minors who have the capacity to make medical decisions). AMAD’s final report was tabled in Parliament on February 15, 2023. The Government of Canada is reviewing the final report and will table a Government Response, as required, in the coming months.