Medical assistance in dying in Canada (Criminal Code, section 241.2)

Canada, federal statute: section 241.2 of the Criminal Code, introduced in 2016 (S.C. 2016, c. 3) and amended in 2021 (S.C. 2021, c. 2). Under subsection (1) a person may receive medical assistance in dying only if they are eligible for publicly funded health services in Canada, are at least 18 and capable of making decisions about their health, have a grievous and irremediable medical condition, have made a voluntary request not resulting from external pressure, and give informed consent after being told of the means available to relieve their suffering, including palliative care.

Under subsection (2) a grievous and irremediable condition means a serious and incurable illness, disease or disability, an advanced state of irreversible decline in capability, and enduring physical or psychological suffering that is intolerable to the person and cannot be relieved under conditions they consider acceptable. Subsection (2.1) states that a mental illness is not considered an illness, disease or disability for these purposes. The section sets separate safeguards depending on whether natural death is reasonably foreseeable, including a written, signed and independently witnessed request.