In a Nutshell: An Attempted Assault on Access to MAiD

A recent Nova Scotia Court of Appeal decision , Y v Swinemar , raised two key issues that threatened access to medical assistance in dying (MAiD) in Canada: Do the courts have a role in reviewing MAiD eligibility assessments? After a person is found eligible for MAiD, can third parties (e.g., family members) go to court to challenge that finding? The Court answered both questions with a unanimous and resounding “No,” thereby adding judicial support to the legislative and policy mechanisms established to meet what the judge in the lower court characterized as the “ constitutional right to the availability of MAiD .”