Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below.
1.The MAID regime should always turn on the actual capacity of any person requesting MAID
2.The MAID regime’s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors
3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar
4.The vulnerability of youth may require a different approach but does not justify an age-based bar
5.Removing the age bar is consistent with the recommendations of expert panels.
Invited Written Submission from Constance MacIntosh to the Special Joint Committee on Medical Assistance in Dying (9 May 2022), online (pdf): Parliament of Canada < parl.ca/Committees/en/AMAD/StudyActivity?studyActivityId=11625215 > [perma.cc/4N8Y-FM7K].