In late 2025, an Ontario family made headlines after their 26-year-old son received Medical Assistance in Dying (MAID) in British Columbia. His parents say he struggled with diabetes, vision loss, and mental health challenges, but that he should never have qualified for MAID under Canadian law. After being denied MAID in Ontario, he was approved in B.C. and later died. The family is now calling for changes to the system and greater oversight.
Stories like this are deeply upsetting, but they also highlight important questions about when MAID crosses into legal territory and when a criminal lawyer should get involved.
This article explains MAID in clear, practical terms, with a focus on what Ontario families should understand about how MAID decisions are made, what legal safeguards are required, and when concerns may raise legal questions before or after a death.
What Is MAID?
MAID is Canada’s legal framework for medical assistance in dying. It allows a physician or nurse practitioner, at an individual’s voluntary and informed request, to intentionally end that person’s life. MAID is typically administered either through intravenous medication provided by a clinician or, less commonly, through oral medication self-administered by the patient.
MAID is a tightly regulated medical procedure governed by federal law. Eligibility is assessed on a case-by-case basis, and clinicians are required to follow prescribed safeguards to ensure consent, capacity, and freedom from coercion.
Legislative Background
MAID has been legal in Canada since June 2016, following the Supreme Court of Canada’s landmark decision in Carter v. Canada. The federal government implemented MAID through amendments to the Criminal Code, specifically sections 241.1 to 241.5. These provisions carve out exceptions to the general prohibition against assisted dying and establish eligibility criteria, procedural safeguards, and related offences.
In March 2021, Parliament passed Bill C-7, significantly revising the MAID regime. Notably, it removed the requirement that a person’s natural death be “reasonably foreseeable.” This change expanded eligibility and introduced a two-track system:
- Track One applies to those whose natural death is reasonably foreseeable and involves fewer procedural safeguards.
- Track Two applies to those whose death is not imminent and includes additional safeguards, such as longer assessment periods and enhanced capacity evaluations.
Eligibility for MAID
To be eligible for MAID under the Criminal Code, an individual must:
- Be eligible for publicly funded health care in Canada
- Be at least 18 years old and capable of making health care decisions
- Have a grievous and irremediable medical condition
- Make a voluntary request that is not the result of external pressure
- Provide informed consent after being advised of available alternatives
Section 241.2(1) of the Code defines a “grievous and irremediable medical condition” as a serious and incurable illness, an advanced state of irreversible decline in capability, and physical or psychological suffering that is intolerable to the individual.
When MAID Can Become a Criminal Law Issue
Most MAID cases are handled appropriately and lawfully. But when something goes wrong as in the abovementioned case, criminal law may apply.
MAID exists as a narrow exception to the Criminal Code’s general prohibition on assisted dying. That means health-care providers are only protected from criminal liability if they strictly comply with the law. When compliance is unclear or disputed, there may be criminal law implications.
Criminal concerns can arise in a range of situations, including:
- Eligibility disputes: Family members may believe the individual did not have a “grievous and irremediable” medical condition as defined by law, or that the criteria were interpreted too broadly.
- Consent issues: Questions may arise about whether the request was truly voluntary, especially if the person was dependent on others, socially isolated, or experiencing mental health challenges.
- Capacity concerns: Capacity is assessed in relation to a specific decision and point in time. A person may have been capable at one point but not at another, raising questions about whether capacity existed at the moment consent was given.
- Safeguard failures: This can include rushed assessments, inadequate documentation, failure to observe mandatory waiting periods (where required), or insufficient consideration of available alternatives.
- Conflicting assessments: Differences in how MAID eligibility is assessed between provinces, institutions, or individual practitioners can create legal uncertainty and create concerns after the fact.
- Allegations of pressure or influence: Even subtle or unintended pressure can undermine the voluntariness required under the Criminal Code.
When issues like these arise, the focus shifts from medical judgment to legal compliance. Investigations may involve hospital reviews, regulatory colleges, coroners, or police. In such circumstances, the legal framing of the death changes significantly, and criminal law principles become central.
When Should You Speak to a Criminal Defence Lawyer?
Families are often unsure whether criminal legal advice is appropriate in the context of MAID. Speaking to a criminal defence lawyer does not mean you are accusing someone of wrongdoing or pursuing charges. It means you are seeking clarity about how the law applies to a highly regulated and potentially complex situation.
You may want to speak with a criminal lawyer if:
- You believe a loved one should not have qualified for MAID under the Criminal Code.
- You suspect that required safeguards were rushed through or skipped over.
- You are receiving questions from police, a coroner, or another authority following a MAID death.
- You were involved in caregiving or decision-making and are worried about your own legal exposure.
- You do not understand how consent, capacity, or eligibility was assessed.
A criminal defence lawyer’s role is not to pass moral judgment on MAID or to second-guess medical care. Their role is to analyze whether the legal requirements were met, explain your rights and obligations, and help you navigate any interaction with authorities.
Early legal advice can be especially important. Statements made to investigators, documents provided without guidance, or misunderstandings about your role can have lasting consequences. Retaining counsel does not escalate the situation; it often helps contain it.
Navigating the Rigid Regulation of MAID and Criminal Law in Canada
MAID sits at the intersection of medicine, law, and ethics. While it is legal in Canada, it remains one of the most tightly regulated exceptions to criminal law. That regulation exists for a reason: to protect patient autonomy while safeguarding against irreversible harm.
Cases like the one involving the Ontario family whose son underwent MAID in British Columbia serve as a reminder that legality depends on process, not outcomes alone. They highlight the importance of legal safeguards and proper oversight.
If you have concerns about MAID—whether before a death, after a decision has been made, or in the aftermath of a loss—it is reasonable to seek clarity and support. You do not need to navigate uncertainty or legal risk on your own.
Contact Barrison & Manitius for Exceptional Criminal Defence Services in Oshawa
The experienced criminal defence lawyers at Barrison & Manitius in Oshawa assist families across the Durham Region who have questions or concerns about Medical Assistance in Dying (MAID). We understand the complexities and emotional challenges surrounding MAID decisions, and we work closely with clients to clarify legal obligations, assess compliance with safeguards, and protect your rights. To learn more about how we can help, contact us online or call our office at 905-404-1947 to speak with a member of our team.