B.C. Supreme Court Examines Religious Exemptions for MAID
A significant legal challenge is underway in British Columbia’s Supreme Court, questioning the policy that permits faith-based health-care facilities to prohibit medical assistance in dying (MAID) on their premises. The plaintiffs argue for the policy’s elimination to spare patients the distress of last-minute transfers during their end-of-life care. Should this matter escalate to Canada’s Supreme Court, it could reshape assisted dying access across the nation.
Rising Numbers of MAID Cases in Canada
Assisted dying provisions have grown steadily in recent years. In 2024, a total of 16,499 individuals received MAID, marking an increase from 9,950 cases in 2021. This accounted for 5.1 percent of all deaths in the country that year.
Frequency and Causes of Patient Transfers
Transfers related to MAID occur for various reasons, such as a patient’s preference to pass away at home rather than in a hospital. According to Health Canada’s annual MAID reports, nearly half of such transfers in 2023 stemmed from the receiving facility’s policy against providing the service. By 2024, this figure had dropped to one-quarter of transfers. Comparable data for 2021 and 2022 remains unavailable.
Provincial Variations in Transfer Rates
In British Columbia, where the trial is taking place, about one-third of MAID transfers in 2024 were attributed to facility policies. National data reveals higher rates in provinces like Manitoba at 77 percent and Alberta at 74 percent. Conversely, transfers due to these policies are rare in the territories, Prince Edward Island, and Newfoundland and Labrador—areas with limited or no faith-based health-care options—and in Quebec, where faith-based facilities must accommodate MAID.
Provincial Policies on MAID in Faith-Based Settings
During the proceedings, Sara Bergen, MAID director for British Columbia’s Ministry of Health, provided insights into interprovincial practices based on her coordination with other regions. Her account highlights diverse approaches.
British Columbia, Alberta, Manitoba, and New Brunswick mandate that faith-based institutions offer information on MAID requests but do not require them to perform the procedure on-site. A similar framework applies in Newfoundland and Labrador. Saskatchewan and Ontario lack overarching provincial guidelines, deferring decisions to individual facilities.
Quebec stands out by requiring both assessments and provisions of MAID in long-term and palliative care settings, irrespective of religious affiliation. A court in Quebec recently denied an exemption request from the Roman Catholic Archdiocese of Montreal for one of its palliative homes pending a full trial.
Nova Scotia’s stance remains ambiguous, though at least one faith-based hospital there maintains a designated area for MAID administration. Prince Edward Island and Yukon report no faith-based end-of-life care facilities. Details on faith-based palliative options or related policies in the Northwest Territories and Nunavut are not specified.
Addressing Concerns About Conscience Rights
This challenge would not compel health-care workers opposed to MAID to take part. Instead, it would enable qualified and consenting practitioners to carry out and support the procedure within faith-based buildings, without involving unwilling staff members.
