QUEBEC -- The Parti Québécois says that Seniors Minister Sonia Bélanger's amendment to ban the marketing and promotion of medical aid in dying (MAID) does not address the legality of offering end-of-life care in funeral homes.
The Medical Assistance in Dying Act specifies in Section 4 that a person may request end-of-life care "in a facility maintained by an institution, on the premises of a hospice, or at home."
The term "institution" includes "any institution referred to in the Act respecting health services and social services that operates a local community service centre, a hospital center or a residential and long-term care centre."
According to PQ MNA Joël Arseneau, allowing MAID to be offered in funeral homes - a phenomenon highlighted in coverage by La Presse - goes against the law and does not reflect Bélanger's intention.
"What is the legal opinion that allows the minister to say that Article 4 is respected if one is not in an institution, a palliative care home or at home?' Arseneau asked.
The minister wants to amend the bill that will change the MAID Act to prohibit commercializing end-of-life care.
However, Bélanger doesn't seem to want to ban the practice.
"Funeral homes are not in violation of the current law, but what we want to do is prevent slippage," she explained.
"Restricting promotion doesn't solve the problem. On the contrary, it's as if the minister was allowing these companies to contravene the law and that's where I can't follow her," said Arseneau.
Bélanger admits that "funeral homes are not named in the law."
"You don't list places in a bill. That is not the role of a bill," she said.
The minister has already expressed discomfort with the fact that MAID is offered in funeral homes.
This report was first published in French by The Canadian Press on May 25, 2023.
