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The Alberta government recently announced a review of euthanasia in the province. To this point, provinces have largely failed to consider their responsibility in protecting people from euthanasia. We’re thrilled that a provincial government is considering changes to their euthanasia regime rather than just leaving this policy area to the federal government.

The Alberta government is considering providing better oversight, creating a dispute mechanism for families, allowing medical information to be shared in certain circumstances, and limiting eligibility for euthanasia.  The government’s announcement states: “We are gathering feedback on the medical assistance in dying (also referred to as MAID) processes and regulation in Alberta to ensure they are consistent and that there is enough oversight in place to protect vulnerable Albertans.”  

If you live in Alberta, your provincial government needs to hear from you. The government has opened an online survey, available until December 20, 2024. In addition to demographic information, the survey includes a series of ‘agree or disagree’ questions (addressed below), along with opportunity for further explanation. We’ve included information below that you can consider as you explain your answers.

“The Government of Alberta should create more safeguards to provide oversight to MAID decisions in Alberta.”

• Alberta needs better oversight around MAID, as well as specific safeguards to protect vulnerable Albertans.
• As we mentioned in a recent article, ARPA Canada has five recommended safeguards for provinces that would better protect vulnerable Canadians.
• When it comes to review processes, we’ve heard of instances where safeguards were not followed. A recent investigative report in Ontario found that a full quarter of MAID providers in Ontario may have violated the Criminal Code. Proper oversight is required to ensure safeguards are not disregarded.
• Most Canadian jurisdictions have no designated review process for MAID, and the ones that do carry out reviews only after a patient has already died.

“People with mental illness as their only medical condition should NOT be able to apply for MAID.”

• The federal government has delayed the expansion of euthanasia for those with mental illness, but that expansion is still scheduled to happen in March 2027.
• Provinces can ensure that the expansion to mental illness does not happen within their own jurisdiction (as Quebec did). Most provinces asked the federal government to delay the expansion indefinitely.
• Many psychiatrists have noted that it is impossible to determine whether mental illness is irremediable. Rather, with appropriate help patients may be able to recover or to live well despite their illness.
• Euthanizing people with mental illness is contrary to suicide prevention efforts. It is absurd that we try to prevent the suicide of some people but facilitate the suicide of others.

“Patients with both physical and mental illness need additional safeguards as mental illness may impact decision making for those who requested MAID for a terminal physical illness.”

• Many of the problems with MAID for mental illness remain true of euthanasia as it is currently allowed in Canada.
• Patients with both physical and mental illnesses may be eligible for euthanasia because of their physical illness, even though the request to die is driven by a mental illness.
• Currently, there are no requirements in Canada to resolve mental illness or depression prior to euthanizing a patient. A mandatory referral to a counsellor, where mental illness is properly addressed, would help ensure that patients are not receiving euthanasia due to mental illness.

“Family members should be able to challenge a MAID decision (i.e. whether a person is approved for MAID or denied).”

• Family members, as the people who know a person the longest and the best, have important insights into a person’s health situation. Their knowledge is indispensable to any health care professional considering something as drastic as whether a patient should be allowed to end their life.
• People are designed to live in community with others, especially with their family and loved ones. The decision to die shouldn’t be left up to an individual all by themselves.

“Family members should be able to access health care records relating to MAID for the purposes of challenging MAID decisions.”

• Family members are often key advocates for their loved ones. However, families are not always consulted. As a general rule, they should be consulted.
• It is very difficult for loved ones to question a patient’s approval for MAID or to access the appropriate information. Ensuring that family members can question a decision or access health records is an important piece of accountability. 

These questions are important, and we encourage you to complete the survey as soon as possible. In addition, take a moment to send an email thanking Premier Smith and her government for tackling this important issue. If you do not live in Alberta, send an EasyMail to your own provincial government asking them to also consider important safeguards to protect patients in your province from euthanasia.