Recommendations on Mature Minors

Constance MacIntosh

Recommendations on Mature Minors

Research output: Other contribution

Abstract

Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below.

1.The MAID regime should always turn on the actual capacity of any person requesting MAID

2.The MAID regime’s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors

3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar

4.The vulnerability of youth may require a different approach but does not justify an age-based bar

5.Removing the age bar is consistent with the recommendations of expert panels.

Original language	Canadian English
Publication status	Published - Jan. 1 2022

Keywords

MAiD
Health Policy
Parliament of Canada

Disciplines

Disability Law
Health Law and Policy
Law
Legislation

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

Recommendations on Mature MinorsFinal published version, 287 KBLicence: Unspecified

Cite this

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title = "Recommendations on Mature Minors",

abstract = " Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below. 1.The MAID regime should always turn on the actual capacity of any person requesting MAID 2.The MAID regime{\textquoteright}s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors 3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar 4.The vulnerability of youth may require a different approach but does not justify an age-based bar 5.Removing the age bar is consistent with the recommendations of expert panels.",

keywords = "MAiD, Health Policy, Parliament of Canada",

author = "Constance MacIntosh",

note = "Invited Written Submission from Constance MacIntosh to the Special Joint Committee on Medical Assistance in Dying (9 May 2022), online (pdf): Parliament of Canada < parl.ca/Committees/en/AMAD/StudyActivity?studyActivityId=11625215 > [perma.cc/4N8Y-FM7K].",

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N2 - Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below. 1.The MAID regime should always turn on the actual capacity of any person requesting MAID 2.The MAID regime’s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors 3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar 4.The vulnerability of youth may require a different approach but does not justify an age-based bar 5.Removing the age bar is consistent with the recommendations of expert panels.

AB - Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below. 1.The MAID regime should always turn on the actual capacity of any person requesting MAID 2.The MAID regime’s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors 3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar 4.The vulnerability of youth may require a different approach but does not justify an age-based bar 5.Removing the age bar is consistent with the recommendations of expert panels.

KW - MAiD

KW - Health Policy

KW - Parliament of Canada

UR - https://digitalcommons.schulichlaw.dal.ca/reports/41

M3 - Other contribution

ER -

Recommendations on Mature Minors

Abstract

Keywords

Disciplines

UN SDGs

Access to Document

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Cite this