Canada To Introduce Bill Allowing Advance Requests For Euthanasia After Loss Of Mental Capacity

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Canada is set to introduce legislation allowing people to request medical assistance in dying in advance, so their wishes can be considered if they later lose the mental capacity to make that decision.

Justice Minister Sean Fraser said the proposed bill, to be introduced on Tuesday, would allow adults to consent in advance to euthanasia if they are diagnosed with an incurable illness that could eventually prevent them from making such a decision.

Fraser said the government would work with provincial and territorial authorities to implement the legislation, with safeguards intended to protect individuals and ensure their decisions remain voluntary and free from external pressure.

However, an advance request would not automatically result in euthanasia being provided at a later date.

The government said additional safeguards would be introduced, and individuals would still need to be experiencing “intolerable suffering” at the time of their death.

Canada’s Assisted Dying Laws Could Be Expanded Further

Canada legalised medical assistance in dying in 2016 for people who were terminally ill. In 2021, the law was expanded to allow people with incurable but non-terminal conditions to seek assisted death.

If the new bill passes, provinces and territories will still be able to decide whether to make advance requests available in their jurisdictions. Quebec already permits such requests.

Advance requests for euthanasia are also permitted in countries including the Netherlands, Belgium and Spain.

Disability Rights Group Raises Concerns

The proposed legislation has raised concerns among disability rights advocates.

Krista Carr, chief executive officer of disability rights charity Inclusion Canada, warned against weakening the requirement for a person to consent to their own death.

“A person consenting to their death is the most basic protection a person has,” Carr said, adding that Parliament should not take that protection away.

The proposed bill would mark a further potential expansion of Canada’s assisted dying framework, with debate likely to focus on balancing personal autonomy with safeguards for people who may become vulnerable or lose the ability to communicate their wishes.

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