A legal challenge in the B.C. Supreme Court is currently examining the policy that empowers faith-based healthcare providers to prohibit medical assistance in dying within their facilities. The aim of the plaintiffs is to invalidate this policy to avoid the necessity for patients to be relocated to different facilities during their final moments.
If this case progresses to the Supreme Court of Canada, it could have significant implications nationwide. Here’s why.
What is the annual count of MAID recipients in Canada?
The number is on the rise. In 2024, a total of 16,499 individuals received medical assistance in dying, a notable increase from 9,950 in 2021. This accounted for 5.1% of all deaths in Canada in 2024.
How frequent are transfers for MAID?
Transfers for medical assistance in dying can occur for various reasons, such as a patient opting to move from a hospital setting to pass away at home.
Data from Health Canada’s annual reports on medical assistance in dying indicate that in 2023, just under half of the transfers were prompted by the policies of the facility where the patient was situated. In 2024, this statistic applied to a quarter of transfers. Information for 2021 and 2022 was not accessible.
How is this breakdown across different provinces?
The trial is unfolding in B.C., where approximately one-third of MAID-related transfers in 2024 were due to facility policy.
However, Health Canada data reveals that such transfers are more prevalent in other provinces, notably Manitoba (77%) and Alberta (74%). They are less common in the territories, P.E.I., and Newfoundland, some of which lack faith-based healthcare facilities, and in Quebec, where such facilities are mandated to permit MAID.
What are the provincial laws concerning this issue?
During the recent hearings at the B.C. Supreme Court, Sara Bergen, the MAID director for the B.C. Ministry of Health, presented her testimony. She shared insights on how requests for medical assistance in dying are managed in various provinces.
B.C., Alberta, Manitoba, and New Brunswick have regulations mandating that faith-based institutions facilitate information requests about MAID but are not obligated to allow the procedure within their premises. This also applies to Newfoundland and Labrador, as per past CBC reporting.
Saskatchewan and Ontario do not have provincial policies and leave the decision to individual institutions.
Quebec mandates that long-term and palliative care facilities allow the assessment and provision of MAID, irrespective of their faith-based status. A Quebec court rejected an exemption request from Montreal’s Roman Catholic Archdiocese for one of its palliative care homes until the matter proceeds to trial.
The policy in Nova Scotia is ambiguous, though at least one faith-based hospital in the province has designated space for administering MAID.
P.E.I. and Yukon lack faith-based end-of-life care facilities. The existence of faith-based palliative care facilities or applicable policies in the Northwest Territories and Nunavut remains unknown.
Does this compel individuals who oppose MAID to violate their conscience?
No, this would allow willing and capable practitioners to conduct and assist with medical
