Interpreting Canada’s Medical Assistance in Dying Legislation

Résumé

Uncertainty about the meaning of specific terms in the Canadian MAiD legislation puts Canadians at risk in a number of ways. Eligibility for MAiD may be determined too broadly or too narrowly, and there may be arbitrary inequality of access when the various MAiD assessors and providers interpret the law differently. In this new IRPP report, the authors identify six key phrases in the current law that urgently need clarification. They explain how these phrases are generating interpretive uncertainties, propose an interpretation for each phrase and justify each interpretation. The aim of this report is not, therefore, to find ways to expand or restrict access to MAiD. Rather, it aims to determine the most defensible interpretations of the legislation, using the tools of statutory interpretation supported by relevant clinical and other forms of expertise CANADA FIN-DE-VIE EUTHANASIE SUICIDE-ASSISTÉ JURIDIQUE LÉGALISATION