Alberta Premier Danielle Smith’s government took steps Wednesday to drastically restrict who’s eligible for medical assistance in dying.
Smith’s United Conservative Party government introduced a bill that, if passed, would limit medical assistance in dying, better known as MAID, to those likely to die of natural causes within a year.
Those under 18 would still be prohibited regardless of condition, in line with current federal rules.
Smith said the federal rules are missing the mark.
“I think that we’re failing in our duty to give people hope,” Smith told reporters before the bill was introduced in the house.
“We believe MAID must be a compassionate option reserved only for those who will not recover from terminal illness.”
The major limitation in Alberta’s bill resembles how Canada’s MAID program began in 2016.
Restricting access to MAID unless it was reasonably foreseeable that someone would die was ruled unconstitutional by a superior court judge in Quebec.
Ottawa then expanded eligibility in 2021.
The changes permit those suffering from a serious illness or disability that isn’t considered terminal and who are in an advanced state of unreversible decline to use MAID.
Alberta Justice Minister Mickey Amery said the Quebec decision isn’t binding on Alberta and his government would defend the bill in court if it’s challenged.
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“We think that this bill finds the appropriate balance between allowing people who are eligible for the original intention of MAID to be able to seek that, but also to find a balance in protecting our vulnerable,” Amery told reporters.
The bill repeats many of the same safeguards in place under federal law, including the prohibition on children receiving MAID as well as those deemed unable to make their own health-care decisions.
Alberta would also restrict mental illness as a sole condition.
Ottawa had planned in 2024 to allow it — depending on certain criteria and other safeguards. But the final decision was delayed until next year as debate continues.
Smith said Alberta is acting now to prevent that possible change from taking effect in her province, saying she has “profound misgivings” about it.
Other care and treatment options are often available for those who aren’t facing a reasonably foreseeable death, she said.
“MAID should not become a permanent response to a moment of crisis or despair that can change with care and time,” Smith said.
Alberta Health Services says 1,242 people died through MAID in the province last year, though the statistics don’t break them down by eligibility factors.
The government says deaths in Alberta under Ottawa’s expanded eligibility rules increased by 136 per cent between 2021 and 2025.
More than outlawing MAID for certain circumstances, Alberta’s bill would also prohibit medical professionals from referring patients to providers in other provinces.
And it would create new professional sanctions for doctors and nurse practitioners that break provincial rules.
Government officials said sanctions would range from mandatory training to losing a licence.
The bill would also require all medical professionals who provide MAID services to undergo new training.
It aims to prevent medical professionals from discussing MAID with patients unless they bring it up first.
It also restricts hospitals, doctors’ offices and continuing care homes from displaying information about MAID, such as on posters.
As with Ottawa’s rules, Alberta’s bill would prohibit requests made by patients in advance.
That includes people recently diagnosed with diseases such as dementia or Alzheimer’s who may want to provide their consent for MAID before they lose capacity to make the decision.
Quebec currently permits such requests.
Alberta’s bill also repeats that medical providers have the right to refuse patient evaluations in the MAID process and to refuse performing the procedure for religious or conscientious reasons.
A spokesperson for federal Justice Minister Sean Fraser said in a statement that Alberta has jurisdiction when it comes to providing health care.
“As for the federal government, Parliament is currently studying the question of eligibility expansion through (a special joint committee),” said Lola Dandybaeva.
“We will be guided by that process and its findings before any decisions are made about next steps.”
— With files from Sarah Ritchie, The Canadian Press
— More to come…
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