Former Quebec premier, who was in charge of enacting Canada’s inaugural medically assisted dying law, expresses internal conflict witnessing the substantial evolution of the practice since its inception. Quebec’s National Assembly approved the law in 2014, specifying the conditions for terminally ill patients to request medical assistance in dying (MAID). Initially proposed by the Parti Québécois, the bill garnered bipartisan support during Philippe Couillard’s Liberal administration.
Couillard disclosed in an interview with CBC’s ‘The House’ his occasional doubts regarding his 2014 decision due to the extensive expansion of MAID in Quebec and Canada post its initial legislation. He highlighted that the original law was intended for terminal or pre-terminal cases with a clear path towards the end of life, a scope that has since broadened.
Following Quebec’s lead, the federal government introduced its own MAID legislation two years later following a 2015 Supreme Court ruling deeming the prohibition of medically assisted dying unconstitutional. Former Prime Minister Justin Trudeau consulted Couillard prior to the federal law’s adoption in 2016.
However, the federal legislation was invalidated by the Superior Court of Quebec in 2019 for restricting access to those with “reasonably foreseeable” deaths. Subsequently, in 2021, a revised federal law was enacted to comply with the court’s decision. Quebec further expanded its MAID provisions in 2024 to enable advance requests for MAID before patients with conditions like Alzheimer’s lose decision-making capacity.
Couillard, a former neurosurgeon, stressed that the original intent of Quebec’s law was to restrict MAID to those strictly suffering from terminal illnesses. He acknowledged warnings from critics who predicted that once the door was opened, it would widen, a prediction that has come to pass.
Recent developments indicate that the federal government has opted not to extend MAID to individuals solely afflicted with mental illness, following deliberations subsequent to the 2019 court ruling. Justice Minister Sean Fraser announced forthcoming legislation that would allow advance consent if permitted by provinces.
Despite his initial support for the law, Couillard now reflects on potential regrets regarding its enactment, emphasizing the importance of not rushing such matters due to their gravity and complexity.
