Ottawa wants more time (again) on medical assistance in dying

The delicate subject of medical assistance in dying was back in the courtroom on Friday.

Ottawa is seeking more time to adjust its legislation to conform to a Quebec Superior Court ruling handed down last September that expands access to MAID.

Superior Court Judge Frédéric Bachand heard the federal motion Friday at the Montreal courthouse and said he expects to hand down his ruling next week.

Last September, Judge Christine Baudouin declared unconstitutional the criteria in provincial and federal legislation requiring those seeking MAID to be at the end of their life or that their death be reasonably foreseeable.

That ruling opened access to a greater number of people, including Jean Truchon and Nicole Gladu, two Quebecers suffering from incurable degenerative diseases who have fought a legal battle for MAID.

In her ruling, Baudouin instructed the federal and provincial governments to change their laws to conform with her judgment.

In the meantime, the criteria preventing some people from being granted access to MAID continue to apply.

Because of the federal election in October — and the suspension of Parliament — Ottawa was granted a delay in changing its legislation, to July 11.

Now it wants more time again, saying the COVID-19 pandemic has interrupted parliamentary work, including the study of bills.

Ottawa is seeking five more months, until Dec. 18.

“This time, it is the pandemic which is the exceptional circumstance which alone justifies the extension,” said David Lucas, representing the attorney general of Canada.

Parliament needs time to properly study the bill, he argued, especially on such an important issue for society.

Addressing reporters after the hearing, Lucas noted that those who want to request MAID in the meantime can do so by going to court, as Baudouin indicated in her judgment.

Lawyers for Truchon, who has since received MAID, and for Gladu did not contest the request for additional time.

“We understand the pandemic context, which is unpredictable. But five months is a long time,” lawyer Jean-pierre Ménard told the judge.

He said the added delay leaves some people in a painful position, and noted that those who choose to go to court must pay the associated costs.