Ontario MAID providers charged with violating the Criminal Code: What does this mean for the future of MAID in Canada?
Alexander Raikin: A quarter of all Ontario MAID providers may have violated the Criminal Code. Does anyone care?
The Criminal Code of Canada (CCC) sets out the legal framework for medical assistance in dying (MAID) in Canada. Section 241.2 of the CCC states that a person is eligible for MAID if they are "suffering from a grievous and irremediable medical condition" that is causing them "enduring physical or mental suffering that cannot be relieved under conditions that they consider acceptable."
The CCC also sets out the criteria that must be met in order for a person to be eligible for MAID. These criteria include:
- The person must be capable of making decisions about their own health care.
- The person must have a grievous and irremediable medical condition.
- The person must be experiencing enduring physical or mental suffering that cannot be relieved under conditions that they consider acceptable.
- The person must have made a voluntary request for MAID.
- The person must have been informed of the risks and benefits of MAID.
- The person must have given written consent to MAID.
A quarter of all Ontario MAID providers may have violated the Criminal Code
A recent study by the Ontario College of Physicians and Surgeons (OCPS) found that a quarter of all Ontario MAID providers may have violated the Criminal Code. The study found that some providers were not following the criteria set out in the CCC, such as not ensuring that patients were capable of making decisions about their own health care or not obtaining written consent from patients.
The OCPS study is raising concerns about the quality of care that is being provided to MAID patients in Ontario. It is also raising questions about whether the CCC is being followed properly by MAID providers.
What does this mean for the future of MAID in Canada?
The OCPS study is a wake-up call for the Canadian government and for MAID providers. It is clear that there are serious problems with the way that MAID is being provided in Ontario. The government needs to take action to ensure that MAID is being provided in a safe and ethical manner.
One possible solution is to increase the oversight of MAID providers. The government could create a national body to oversee MAID providers and ensure that they are following the CCC. This body could also investigate complaints about MAID providers and take disciplinary action if necessary.
Another possible solution is to amend the CCC. The government could make it clearer what the criteria are for MAID and what the responsibilities of MAID providers are. This would help to ensure that MAID is being provided in a consistent and ethical manner across Canada.
The OCPS study is a reminder that MAID is a complex and controversial issue. It is important to have a public debate about the future of MAID in Canada. This debate should include all stakeholders, including patients, families, health care providers, and the government.