A ongoing trial in British Columbia’s Supreme Court is examining whether publicly funded faith-based health-care facilities can prohibit medical assistance in dying (MAID) on their premises. The challengers seek to eliminate this policy, arguing it forces patients into unnecessary transfers during their final days. Should the case escalate to Canada’s highest court, it could influence assisted dying access nationwide.
Rising Trends in MAID Usage
The prevalence of MAID in Canada continues to grow annually. In 2024, a total of 16,499 individuals received MAID, compared to 9,950 in 2021. This accounted for 5.1 percent of all deaths that year.
Patient Transfers for MAID Procedures
Transfers occur for various reasons, such as a patient’s preference to die at home rather than in a hospital. According to federal health data, in 2023, nearly half of all MAID-related transfers stemmed from the policies of the patient’s current facility. By 2024, this figure dropped to about one-quarter. Information for 2021 and 2022 remains unavailable.
Variations by Province
In British Columbia, where the trial is underway, approximately one-third of MAID transfers in 2024 were attributed to facility policies. However, national data indicates higher rates elsewhere, including 77 percent in Manitoba and 74 percent in Alberta. Such transfers are far less frequent in the territories, Prince Edward Island, and Newfoundland and Labrador—regions with few or no faith-based health-care options—as well as in Quebec, where faith-based sites must permit MAID.
Provincial Policies on MAID in Faith-Based Settings
During the proceedings this week, Sara Bergen, MAID director for British Columbia’s Ministry of Health, provided insights into interprovincial practices based on her coordination with other regions.
British Columbia, Alberta, Manitoba, and New Brunswick mandate that faith-based institutions provide information on MAID requests but do not require them to host the procedure. A similar approach applies in Newfoundland and Labrador.
Saskatchewan and Ontario lack overarching provincial guidelines, allowing individual facilities to decide.
In Quebec, both assessments and provisions of MAID must occur in long-term and palliative care settings, including faith-based ones. A recent court decision denied an exemption request from a Catholic organization in Montreal pending a full trial.
Nova Scotia’s stance remains ambiguous, though at least one faith-based hospital there offers a designated area for MAID. Prince Edward Island and Yukon have no faith-based end-of-life care facilities. Details on policies or facilities in the Northwest Territories and Nunavut are not specified.
Protecting Conscience Rights
Eliminating opt-out policies would not compel health-care workers opposed to MAID to participate. Instead, it would enable qualified and consenting practitioners to conduct procedures within faith-based buildings, ensuring patient access without infringing on personal beliefs.
