Legislative Background: Bill C-7: Government of Canada’s Legislative Response to the Superior Court of Québec Truchon Decision
Annex B – List of Amended Safeguards
First Set of Safeguards: Natural Death is Reasonably Foreseeable
As a result of these proposed Criminal Code amendments, the following set of safeguards would apply to persons whose natural death is reasonably foreseeable (amended subsection 241.2(3) of the Criminal Code):
- Patient must make a written request that is witnessed and signed by one independent witness (eased safeguard);
- Individuals who are paid to provide either health or personal care as their profession or occupation can be a an independent witness (eased safeguard);
- Two independent practitioners must confirm all eligibility criteria;
- Person must be informed that they can withdraw request at any time, by any means;
- Immediately before MAID is provided, person must be given opportunity to withdraw consent, and must confirm consent to receive MAID (unless they have an “advance consent arrangement”, see Part IV).
Second Set of Safeguards: Natural Death is Not Reasonably Foreseeable
As a result of these proposed Criminal Code amendments, the following set of safeguards would apply to persons whose natural death is not reasonably foreseeable (proposed subsection 241.2(3.1) of the Criminal Code):
- Patient must make a written request that is witnessed and signed by one independent witness (eased safeguard);
- A paid professional personal or health care worker can be an independent witness (eased safeguard);
- Two independent practitioners must confirm all eligibility criteria are met
- One of the two practitioners assessing eligibility must have expertise in the condition that causes the person’s suffering (new safeguard);
- Minimum period of 90 days for assessment of the MAID request, which can be shortened if loss of capacity is imminent and assessments are complete (new safeguard);
- Person must be informed of counselling, mental health supports, disability supports, community services and palliative care, and be offered consultation with relevant professionals, as available and applicable (clarification of informed consent);
- Practitioners agree with the person that they have discussed and appropriately considered reasonable means of alleviating their suffering (clarification of informed consent);
- Immediately before MAID is provided, person must be given opportunity to withdraw consent, and must confirm consent to receive MAID.
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