Feds have made 'no decisions' about advance request for MAiD

On Nov. 28 of last year, I wrote an email to the federal minister of health, asking what the minister intended to do in response to Health Canada's report on the extensive public consultation it did into possible legalization of advance requests for Medical Assistance in Dying. (My story on that report is below.) At the same time, I also wrote to Health Canada itself asking what its next steps would be. Health Canada responded quickly, saying essentially it would continue studying the issue. The minister's office did not respond until this afternoon, almost three months later! Like the response from Health Canada, the minister's response--which actually came from the "Care Continuum, Aging and Equity Directorate, Health Policy Branch, Health Canada"--is that the government is "carefully considering" the issue and that "no decisions" have been made about allowing advance requests for MAiD. Here is the complete response I received today:

Thank you for your correspondence of November 28, 2025, regarding medical assistance in dying (MAID), addressed to the Honourable Marjorie Michel, Minister of Health, on whose behalf we are responding. We apologize for the delay in our response.

Please know that we appreciate you taking the time to share your views with us on the issue of advance requests for MAID.

In Canada, provinces and territories are responsible for the organization, management and delivery of health care services, including MAID, as part of end-of-life or complex care. The federal legal framework for MAID is set out in the Criminal Code and includes stringent eligibility criteria and safeguards for the safe and appropriate provision of MAID in Canada.

The provision of MAID based on an advance request is not allowed in Canada. That is because the Criminal Code requires a practitioner to obtain a person’s express consent immediately prior to administering MAID, with a narrow exception for persons whose death is reasonably foreseeable and who have already been found eligible for MAID (known as a “waiver of final consent” – more information about this can be found here:

We recognize that the issue of advance requests is sensitive and complex. That is why, from late November 2024 to February 2025, the Government undertook a national conversation to hear views from the public, provincial and territorial officials, patients, health care providers, Indigenous representatives, experts and stakeholders. Over 47,000 people across Canada participated in this consultation through an online public questionnaire, regional and national virtual roundtables, and public opinion research.

As you know, in October 2025, Health Canada published a “What We Heard Report” summarizing the key themes from that consultation. It reflects the range of perspectives expressed during the national conversation but does not include recommendations or commitments. ...

The Government is carefully considering the findings from the national conversation. No decisions have been made about expanding eligibility to allow for advance requests.

The Government of Canada remains committed to ensuring that the federal legal framework for MAID reflects the needs of people in Canada, protects those who may be vulnerable, and supports autonomy and freedom of choice.

Once again, thank you for taking the time to write to us.