Guide to answering the Canadian MAID consultation questionnaire.

Alex Schadenberg
Executive Director, 
Euthanasia Prevention Coalition

I urge EPC supporters to participate in the Canadian Department of Justice Medical Assistance in Dying (MAID) consultation questionnaire. 

(Link to the consultation webpage).

I wrote this guide to answering the Maid consultation questionnaire because some of the questions are biased and imply support for MAID. 

Please complete the consultation questionnaire and express your opposition in the comments section. The questionnaire provides an opportunity to leave additional comments and I strongly urge you to do so.

(Link to the Consultation Questionnaire).

Section A requires your demographic information. No problem.

Section B outlines the MAID criteria in Canada. Notice how that the law was changed based on the Quebec court decision. The law now states: A person does not need to have a fatal or terminal condition to be eligible for MAID.

Section C asks the question:
​​1. Do you think the current safeguards would prevent abuse, pressure or other kinds of misuse of MAID after eligibility is broadened to people whose deaths are not reasonably foreseeable?

The answer is NO.

2. The next section asks about potential "safeguards":

a) A different reflection period (currently a 10-day reflection period) between the submission of a person’s written request for MAID and receiving MAID

(This question is not clear whether the "different reflection period" would be more than 10 days or less than 10 days. Answer this question how you want.)

​​b) MAID should be available only when the practitioner and the patient both agree that reasonable treatments and options to relieve the person’s suffering have been tried without significantly improving the person’s situation.
(This question assumes that MAID should be available).

Answer: Very Important

​​c) A mandatory psychological or psychiatric assessment to evaluate the person’s capacity to consent to receiving MAID.

Answer: Very Important

​​d) Making sure the person requesting MAID is aware of all the means available to potentially relieve their suffering, including health and social support services (for example counseling, disability support, palliative care)

Answer: Very Important

​​e) Mandatory consultation with an expert in the person’s medical condition and circumstances (for example a gerontologist, psychiatrist, or social worker), in addition to the already mandatory 2 medical assessments

Answer: Very Important

​​f) Retrospective review of MAID cases by a committee to verify that the eligibility criteria and safeguards were satisfied and in place

Answer: Very Important

​​g) Special training and tools to assist physicians and nurse practitioners to assess areas of potential vulnerability (for example mental health issues, or potential outside pressures or influences)

Answer: Very Important

​​h) An obligation for the physician and nurse practitioner to offer to discuss their patient’s situation with their family members or loved ones with the patient’s consent

Answer: Fairly Important

3. Do you have any other comments you want to share about possible safeguards for people who are eligible for MAID, but not at the end of life?

(Please comment on the lack of oversight of the law. The law allows doctors or nurse practitioners who approve a death, to also carry-out the death, to also report the death. This system allows doctors and nurse practitioners to self-report, meaning there is no oversight over the law).

Section D deals with advanced requests for MAID.

The question asks:
1. Imagine that a person makes a request for MAID, is found to be eligible, and is awaiting the procedure. A few days before the procedure, the person loses the capacity to make health care decisions, and cannot provide final consent immediately before the procedure. In your opinion, should a physician or nurse practitioner be allowed to provide MAID to a person in these circumstances?

Answer: NO

​​2. Imagine that a person is diagnosed with a medical illness that, over time, will affect their mind and take away their decision-making capacity, such as Alzheimer’s disease. The person prepares a document that says they consent to receive MAID if specific circumstances arise at a later date, after they no longer are able to consent.

​​In your opinion, should a physician or nurse practitioner be allowed to provide MAID to a person in this situation once the circumstances in their document have arisen and they otherwise meet the MAID criteria, even if they can no longer consent?

Answer: NO

​​3. Do you have any other comments you want to share about allowing MAID to be provided to a person who has an advance request but is not able to consent to MAID at the time of the procedure?

Allowing MAID (euthanasia) for someone who cannot consent denies the person the right to change their mind since only competent people have the legal right to change legal documents. Further to that, the person cannot consent to have their life ended, a decision that is irrevocable.

Section E asks for additional comments.

Please express your opposition to euthanasia (MAID).

(Link to the consultation questionnaire).

If you have any concerns, email me at: alex@epcc.ca

Please read some of these articles to help with providing additional comments:

• Historical: Canadian Senate passed euthanasia law in time for summer break (Link).
• Canada's euthanasia deaths increased by 50% in 2018 (Link).
• Ontario euthanasia deaths are rising quickly (Link).
• UN Disability rights envoy urges changes to Canada's euthanasia law (Link).
• Québec court expands euthanasia law by striking down the terminal illness requirement (Link).
• Physically healthy depressed man died by euthanasia in BC (Link).
• Ontario doctor experiences abuse of euthanasia law (Link).
• Québec Fourth Interim Euthanasia Report, 13 deaths did not comply with the law (Link).
• BC Health Minister orders Delta Hospice to do euthanasia by February 3 (Link).