What Leeway Do Provinces Have When It Comes to Euthanasia Legislated by Federal Government?

While the policies around medical assistance in dying (MAID) are legislated by the federal government, two provinces have recently stepped into the administration of MAID, albeit with different priorities.
“MAID is legislated in Canada through the Criminal Code, so the [federal] government has made the decision that this is an exercise of criminal law, whereas the administration of criminal law is provincial jurisdiction,” Isabel Grant, a professor at the Allard School of Law, told The Epoch Times.
“But provinces also have jurisdiction over health, and so to the extent that we see MAID as part of health, as opposed to criminal law, that also brings in an area of provincial jurisdiction.”
Grant, who specializes in criminal law, said this means the province has decided to remove the requirement for consent at the time of death for these types of procedures, which conflict with the federal Criminal Code’s definition of murder. However, Grant said since Ottawa has decided not to react to this decision, “none of this means anything until somebody goes to court and complains about it.”
However, he added that he can’t direct Quebec prosecutors to enforce the law.
According to Grant, some aspects of the Criminal Code are “obscure,” particularly in relation to MAID. “Alberta could lend some clarity to some of those provisions and some of the safeguards, and to say how they will be applied in Alberta. I think that’s absolutely within provincial jurisdiction to do in this context,” she said.
Lawyer Allison Pejovic, with the Justice Centre for Constitutional Freedoms, said that while MAID is under federal jurisdiction, the provinces have jurisdiction over the licensing of medical professionals and colleges. She said if a province like Alberta does not want to expand euthanasia, it could amend the provincial college’s regulatory schemes to make it a breach of medical ethics to perform MAID under certain circumstances.
“The provinces have control over the licensing of physicians, so they could basically tell doctors, through this regulatory scheme, that if you perform MAID with someone who’s mentally ill, despite what the Criminal Code says, your licence could be revoked and you could be fined,” she said.
But the extent to which this would bring legal challenges is also an issue that remains to be seen.
In supporting the request for MAID expansion, Quebec’s Bélanger said it’s something many people have been waiting for.
University of Alberta professor Heidi Janz, who specializes in disability ethics, said she believes Canada’s MAID legislation creates a “high risk of suicide contagion among disabled people.”
Janz said many disability rights groups opposing MAID have been requesting the creation of MAID-free zones, which would entail designating certain hospitals and clinics as areas where euthanasia cannot be practised. “Such MAID-free zones would serve as safe spaces for people who fear that they will be offered MAID instead of treatment or support,” she told The Epoch Times.