The Canadian Civil Liberties Association criticized Thursday Alberta’s new bill to limit patients’ access to medical assistance in dying (MAID). The group urges the province to withdraw the bill, claiming that the bill infringes upon the constitutional right to liberty and security.

While the statement acknowledged the government’s role to protect vulnerable individuals, it highlighted the importance of respecting fundamental rights and freedoms. The group criticized the new bill for excluding patients with serious but non-terminal conditions from MAID and interfering with doctors’ ability to provide comprehensive healthcare. Instead of limiting access to MAID, the group urges the government to formulate a policy that enables patients to make voluntary and informed decisions.

The Safeguards for Last Resort Termination of Life Act, if passed, would introduce a series of requirements and limitations on patients seeking MAID. First, the bill would limit MAID to patients whose death is likely to happen within 12 months. Second, the bill would prohibit individuals of minor age, patients with mental health conditions or who lack the capacity to make healthcare decisions, and any advance requests.

Under the bill, healthcare providers must require a family member to be present to witness the MAID provision. The bill would also prohibit healthcare providers from providing information about MAID or referring patients to MAID outside the province.

In a press conference, the provincial Premier Danielle Smith said, “those struggling with severe mental health challenges need treatment, compassion and support, not a path to end their life at what may be their lowest moment.”

In 2015, the Supreme Court of Canada affirmed that the right to liberty and security under Section 7 of the Canadian Charter of Rights and Freedoms protects the right of competent adults with grievous and irremediable medical conditions to seek assistance in dying. When striking down the criminal prohibition against MAID, the court held that the government could have implemented a regulatory regime that protects vulnerable patients without the need for a blanket prohibition.

MAID will be accessible to patients suffering solely from a mental illness who meet all the eligibility criteria and safeguards in March 2027 nationwide. Initially coming into effect in 2024, the government has delayed the inclusion for three years, allowing provinces and territories to develop policies and guidance to assess and provide MAID to patients suffering solely from a mental health condition.

In August 2024, Dying with Dignity Canada lodged a constitutional challenge against the delay. It argued that the delay violated Section 7 rights and discriminated against patients on the basis of the type of disability experienced under Section 15.