Evaluation of MAID: Legal and Ethical Considerations in Canada

This essay provides an evaluation of Medical Assistance in Dying (MAID) in Canada, examining its legal and ethical implications. The essay begins with a brief overview of the history of euthanasia and assisted suicide in Canada, highlighting the legal changes that have occurred since 2015, including the legalization of MAID. It outlines the eligibility criteria for MAID, including requirements related to health insurance, age, voluntary consent, and informed decision-making. The essay then presents arguments for and against MAID, including the alleviation of suffering and the upholding of individual rights, while also addressing counter-arguments related to the sanctity of life and the role of medical professionals. It discusses ethical considerations, such as the psychological impact on patients and their families, and the importance of accurate implementation of the law. The essay references the Canadian government's efforts to refine MAID legislation and concludes that while implementation was delayed, it was ultimately a justified measure. The author references court decisions, public surveys, and the perspectives of medical professionals to support their evaluation of MAID. The essay is well-researched and incorporates a variety of sources to support its claims, providing a comprehensive analysis of this complex topic.

Running head: EVALUATION OF MAID
Evaluation of MAID
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Euthanasia is in the news for a considerable period. Earlier, euthanasia was equated
with suicide; however, the concept is gradually changing. Several countries have legalised
euthanasia and Canada is one among them (Emanuel et al. 79-90). Previously assisted suicide
was prohibited in Canada and was considered as culpable homicide. However, the Canadian
supreme court in 2015 upheld the Canadian Charter of Rights and Freedom by striking down
the federal prohibition regarding medically assisted in dying as the prohibition. In the year
2016 Canadian government amended the code of criminal in Canada and legalised medical
assistance in Canada (Pesut P.113-130). They must sign the avail the law patients must
experience intolerable suffering and most importantly a written request before ten days of
their death. Euthanasia should be legalized as it is the basic human rights of every individual
and implementation should be done swiftly bu the concerned government.
Under the provision of the law, there should be two healthcare of professionals who
are required to examine the individual to define the individual be nominated for MAID. An
individual should fulfil the following eligibility criteria to qualify for MAID. Firstly the
candidate must be eligible for the health insurance which is funded by the Canadian
government. Secondly, the person must be above 18 years and be in a severe condition as
defined by section 241.2, para. 2 of the criminal code (End-of-Life Law and Policy in
Canada). Thirdly patients must voluntarily want to avail MAID and not been forced by
external pressure. Lastly, the candidate must be informed of the means to receive a MAID.
There are some arguments for the assistance of the doctor-assisted death. The pain of
the terminable disease is insufferable if the goal of the treatment is to alleviate suffering the
individual should take doctor assistance and leave the world with dignity (Edin & Kerrie
P.11). Moreover, it is the birthright of the individual to make decisions regarding their lives
and no government should interfere and the Canadian government and the court uphold the
personal liberty of the individuals (Althagafi et al. P.309-313). Secondly, it is necessary to
have doctor-assisted death as the doctor will know better of means of death and will also
evaluate the condition of the patients. However, there is some counter-argument one of them
is terming euthanasia as a homicide and doctors should not help patients commit that
secondly, the medical personnel who is helping suffer personal consequences as the act is
neither personal nor secure.
There is some ethical consideration regarding the MAID bill. First, the suffering in
death is a personal experience which will affect both the psychological and physical aspect

3EVALUATION OF MAID
and the delays which are caused in implementing MAID along with other factors can cause
the suffering of the patient to end their lives (Alchin P.5). The family and the friends
associated with them can also suffer in witnessing the pain of their closed ones (Christie
2018).
In 2019 the superior court of Quebec passed a judgement that it was unconstitutional
to limit the access of MAID to people nearing death (End-of-Life Law and Policy in Canada);
therefore, the court included “reasonable foreseeability of natural death” and “end of life”
criteria as a reason for MAID. The government of Canada has dedicated to change the MAID
law in the whole country. Before reviewing this law the Canadian government, therefore, run
an online survey to gauge the public opinion about the same. The updated law will increase
the eligibility criteria for the MAID.
It was a struggle in Canada to legalise the death assisted by physicians as the doctors
always struggled to see their respective patients die. There were few doctors like Henry
Morgentaler in Quebec or Jack Kevorkian who has come openly and talked about how they
have helped their patients end suffering. Therefore I think that the implementation of MAID
by the government though was late but is done rightfully. As the doctors are ethically trained
to save life not to take them and they had the risk to end up in jail on murder intentions where
their intention actually was to help their patient’s suffering. There were also several recorded
case where physicians after examining the immediate dying patient simply gave them
sedatives and pain drugs to relieve them; however, this would actually multiply the suffering
of the patients. Moreover, it is the choice of an individual to make decisions regarding their
lives and it is inhuman in the part of society to decide the future of an individual. Doctors
have reported that the constitutional challenges provided by the hierarchical of the provincial
court have forced some patients to voluntarily refused to take food to hasten the process of
their death or others have died in violent means.
Hence, it can be concluded from the above discussion that the implementation of
MAID had to be looked more minutely by the government; the implementation of the law
should be done more accurately. The government is in the process as evident from the
January poll conducted by the Canadian government.

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Work Cited
Alchin, Amanda Paige. "Medical Assistance in Dying (MAID) in Canada: Following Bill C-
14 through Parliament." (2017).
Althagafi, Alwalaa, et al. "Canadian neurosurgeons’ views on medical assistance in dying
(MAID): a cross-sectional survey of Canadian Neurosurgical Society (CNSS)
members." Journal of medical ethics 45.5 (2019): 309-313.
Christie, Timothy, et al. "Medical assistance in dying in Canada: an ethical analysis of
conscientious and religious objections." BioéthiqueOnline 5 (2016).
Edin, F. R. P. C., and Jeff P. Kerrie. "Conscientious Objection and Medical Assistance in
Dying (MAID) in Canada: Difficult Questions-Insufficient Answers." Canadian
Journal of General Internal Medicine 11.4 (2016).
Emanuel, Ezekiel J., et al. "Attitudes and practices of euthanasia and physician-assisted
suicide in the United States, Canada, and Europe." Jama 316.1 (2016): 79-90.
End-of-Life Law and Policy in Canada. "Assisted Dying - End-Of-Life Law And Policy In
Canada". End-Of-Life Law And Policy In Canada, 2020, http://eol.law.dal.ca/?page_id=236.
Pesut, Barbara, et al. "Medical Assistance in Dying: A Review of Canadian Nursing
Regulatory Documents." Policy, Politics, & Nursing Practice 20.3 (2019): 113-130.