Alberta bill would limit medically assisted dying eligibility to those near natural death

Alberta’s government has introduced legislation that would significantly narrow who qualifies for medical assistance in dying, or MAID, limiting access to those expected to die of natural causes within a year.

According to the provincial bill tabled by Justice Minister Mickey Amery, eligibility would be restricted to patients whose deaths are considered reasonably foreseeable within 12 months. The proposal mirrors the narrower criteria in place when Canada first legalized MAID in 2016.

Premier Danielle Smith’s United Conservative Party government is positioning the change as a return to earlier safeguards, despite broader federal rules currently allowing access for individuals experiencing an advanced state of irreversible decline due to serious illness or disability, even if their condition is not terminal.

Under both the proposed provincial legislation and existing federal law, MAID would remain prohibited for individuals under 18. The federal framework was expanded following a court ruling in Quebec that found earlier eligibility restrictions unconstitutional, prompting changes adopted by Ottawa about five years ago.

Amery said the Quebec ruling does not apply in Alberta and indicated the province is prepared to defend its legislation if challenged in court. The bill sets up a potential jurisdictional conflict, as MAID is governed federally through the Criminal Code, while provinces oversee health-care delivery.