Advance requests

Update on advance requests

The federal government has announced upcoming legislation that would decriminalize the use of advance requests, but only in provinces and territories that pass legislation allowing them in their jurisdiction. 

Dying With Dignity Canada does not support the approach on advance requests for medical assistance in dying (MAID) that the federal government has announced.  

DWDC has long advocated for advance requests, but the approach the government has announced is fundamentally flawed. At best, this legislation will create a patchwork of systems across the country, thus further increasing inequity in MAID access, instead of a federal framework that would ensure that all people across Canada could have access to advance requests for MAID if they are eligible. At worst, some people in Canada may never has access to advance requests in their province or territory. 

This legislation will not guarantee access to advance requests for MAID to anyone who doesn’t already have it. 

Instead, it furthers inequity in MAID access across the country. Leaving the decision of whether or not to allow advance requests for MAID to individual provinces and territories will not guarantee future access to advance requests for anyone who doesn’t already have it. A federal framework that applies across the country is required to ensure that the law is consistent throughout Canada. 

An advance request could save a person from having to endure years — perhaps even decades — of unwanted suffering and better ensure that their end-of-life wishes are respected.  

82% of people across Canada support advance requests for MAID for a person that has a diagnosis of a grievous and irremediable medical condition.  

The basics

An advance request involves a competent person making a written request for medical assistance in dying (MAID) that could be honoured later, after they lose the capacity to make medical decisions for themselves. This would include people who have been diagnosed with neurocognitive disorders or other conditions that may affect cognitive abilities, such as dementia, Alzheimer’s, Huntington’s, or Parkinson’s. It does not include conditions that are primarily within the domain of psychiatry, such as depression and personality disorders.

Why it matters

Without the option of an advance request, people across Canada are forced to make an impossible choice: die earlier than they want to in order to ensure they have capacity to consent – giving up time with their loved ones. Or risk losing capacity and be forced to live in a situation they would find intolerable. The Province of Quebec has become the first jurisdiction in Canada to allow advance requests for those diagnosed with a serious and incurable illness leading to incapacity (e.g., Alzheimer’s), effective October 30, 2024. This means there is a discrepancy between Quebec and federal MAID laws, and the options that people in Quebec have at the end of life vs the rest of Canada.

What you can do

82% of people across Canada support advance requests for MAID for a person that has a diagnosis of a capacity-impairing grievous and irremediable condition. 72% support advance requests even if the person has not been diagnosed with a grievous and irremediable medical condition.  

Tell your Member of Parliament to respect our end-of-life rights

The lack of access to advance requests is a critical gap in our country’s assisted dying legislation — and must be corrected.  

Send a letter

Write a Letter to the Editor in support of advance requests

Positive media coverage is needed to educate the public and decision-makers on the importance of this issue.

Share your thoughts

Meet with your Member of Parliament

We’ve designed a step-by-step guide to help you effectively communicate your thoughts and DWDC’s position on advance requests to your MP.

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