Gold’s Legal Minute* GLM*
By Allan Gold, lawyer Montreal and elder law attorney
Vol. 17, #6 – June 30, 2026
OPENING
“June is warm and very fair.” Not this year – when it comes to Medical Assistance in Dying (MAiD). That’s the “legal, constitutionally protected medical service where a doctor or nurse practitioner intentionally ends a patient’s life at their request “ In my belief, it got hit with a triple whammy. Yes that’s a “situation where three distinct, unpleasant, or disastrous events occur simultaneously or in rapid succession, resulting in a compounding negative effect.”
As a lawyer Montreal and elder law attorney, I say, “We’re going from bad to worse. And the next stop is even worse!” If you read my blog, you already know that I don’t like MAiD for anyone. And where we’ve now arrived – it’s truly a “Bizarro World” for me. FYI, this refers to “any situation, environment, or reality where logic, common sense, and standard rules are completely flipped, making everything the polar opposite of what it should be.” That said, where do we go from here?
First, let’s consider those June body blows herein above mentioned. Next check out my proposals below.
STARTING POINT
Knowing what terms mean is the correct place to start.
Definitions
“Good death” It’s “one that is free from distress and suffering for the patient, family members, and caregivers, and is in concurrence with the patient’s and family’s wishes.”1
WHAMMY #1: A Supposed ‘Good’ Death Becomes a ‘Bad’ Death
Dateline Ontario: Jun 03, 2026: Sharon Kirkey wrote a column titled, ““MAID patient groans ‘help me’ before dying because sedative didn’t work properly”
- Adult children were present when their father was undergoing doctor-assisted death. He wasn’t sedated sufficiently. That left him conscious. He cried out “Help me.”
- In 2024, Bradley Stewart, an Ontario man who resumed breathing after being pronounced dead by a London, Ont., family doctor and MAID provider. Siblings tnessed his mishandled death. The doctor, James MacLean, did not administer the customary sequence of drugs, and left before Stewart resumed breathing.
- The sad story of Mr. D., an 87-year-old man with congestive heart failure who died by MAID in 2023. The doctor placed two intravenous lines. Drugs included: midazolam, lidocaine, propofol. But as per the case review: “During the first three minutes. Mr. D experienced signs of physical and psychological distress, including groaning, guarding (tensing muscles) and grimacing, …Mr. D did not experience expected sedation…His behavioural signs of distress escalated to repeated verbalizations, including ‘help me’ that continued until sedation was achieved with propofol and a comatose state was confirmed,…” 2
WHAMMY #2: “Parliamentary committee recommends against MAID expansion for mental illness MPs and majority of senators at odds, but report to produce one single recommendation”
Dateline: Ontario – June 17, 2026 4:56 PM EDT Olivia Stefanovich, Raffy Boudjikanian · CBC News · Posted: Jun 16, 2026 9:01 PM EDT | “The Special Joint Committee on Medical Assistance in Dying (MAiD), with members from the Senate and House of Commons, started a comprehensive review of the matter last February to assess the country’s readiness to expand eligibility to MAID to those suffering with mental illness. Their report is expected to be tabled in the House of Commons on Wednesday afternoon — 10 years after MAID became legal in Canada. “ These journalists reported that “One source said that the report contains a single recommendation, which originally read as the following: “That the Government of Canada amend the Criminal Code to indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying on the grounds that the evidentiary and systemic conditions necessary for safe and equitable implementation cannot presently be met.” 3
WHAMMY #3: “A slight majority of Canadians are ok with MAID”
expanding to patients who are suffering only from mental illnesses.
National survey released June 2026
Field: May 31 to June 2, 2026
Submission 2026-306
“1. SLIM MAJORITY ACCEPTING OF MAID EXPANSION: Canadians are more likely to believe it is
acceptable (57%) than unacceptable (37%) for MAID to expand to patients who are experiencing
intolerable suffering whose only condition is mental illness.
2. SUPPORT FOR MAID BEING AVAILABLE UNDER ITS CURRENT CONDITIONS: Nine in ten Canadians
express some level of support for MAID being available to patients with a terminal illness whose
natural death is near (89%); four in five support or somewhat support MAID being available to
non-mental illness patients experiencing intolerable suffering, even if their death is not imminent
(84%).” 4
ANALYSIS
Remember the idiom, “If something’s not broke don t fix it.” But what if something is seriously broken. And fixing isn’t enough. For example, consider the plight of the Chevy Vega -it “was discontinued after the 1977 model year due to widespread mechanical defects, severe quality control issues, and plummeting sales.” Now consider the Pinto, a subcompact car made by Ford Motor Company. It became infamous in the 1970s for bursting into flames if its gas tank was ruptured in a collision. It was ultimately taken off the market.
I believe MAiD is broken. Like the Vega and the Pinto, I think it should be taken off the market entirely. Yes, in my opinion, we should again make it illegal. But here’s the thing. People like it and want to keep it. So we need to fix MAiD.
Here are two troubling issues. The numbers of those opting for MAiD are much too high…especially in Quebec . Also, there’s the conundrum about those persons whose sole underlying medical condition is a mental illness. I have a few ideas.
PROPOSAL
A. Improve end-of-life care in a big way. If it’s perceived as being better, hopefully people might be less inclined to opt for MAiD. I know that the government is cash-strapped. To help fund this improvement, let’s encourage multi-million dollar donations from the private sector: the wealthy, foundations, corporations, etc. this through tax code enhancements for charitable giving to this medical sector.
B. Fiddle with MAiD eligibility. Personally, I don’t think MAiD is the right course of action for anyone. But since numbers are exploding existentially, something must be done. However, MAiD has now become a right. Perhaps we then can rejig eligibility such that the eligible candidates must be chosen at random up to a a certain number. And if you’re one of the ‘lucky’ few, you get MAiD. Otherwise you have to wait until next year. Farfetched not really. The US government has a program, called the “Diversity Immigrant Visa (DV) Program” (often referred to as the Green Card Lottery). It provides up to 55,000 visas annually to individuals from countries with historically low rates of immigration to the United States. Section 203(c) of the Immigration Act of 1990 makes available up to 50,000 lawful permanent resident (LPR or immigrant, or “green card”) visas each year by random selection through a Diversity Visa Lottery. The lottery is open only during certain times of the year.
C. Institute a Special hearing in the instance of mental disorders. With MAiD at present, there’s an exclusion for those persons whose sole underlying medical condition is a mental illness. Personally, I don’t think MAiD should be extended to include such situations. But if people want it, how can we make it work? I have a suggestion. There’s a process in place in the criminal justice system. It’s a competency hearing also known as a ‘fitness’ hearing. An accused person is typically considered unfit if a mental disorder prevents them from doing any of the following: 1. Understanding the process: They cannot comprehend the nature of the charges, the courtroom setting, or the roles of the judge, prosecutor, and defense lawyer. 2. Understanding the consequences: They do not realize the potential outcomes or penalties of a guilty verdict Instructing counsel: 3. They are unable to communicate with or provide basic instructions to their lawyer, such as pleading guilty or not guilty. So here’s my thought. If someone wants MAiD, but whose sole underlying medical condition is a mental illness, then he/she must undergo a ‘fitness’ hearing to determine if he/she is mentally capable of choosing MAiD. I don’t like it, but it might be a way forward.
NOTEWORTHY
Allan J Gold is now featured in FeedSpot Top 90 Canada Law Blogs. Check it out at https://bloggers.feedspot.com/canada_law_blogs/
As well, Allan J Gold can be found at https://www.lexblog.com/site/allan-j-gold-blog/
CONCLUSION
In closing, as a lawyer Montreal and elder law attorney, I say, “Help! Canada’s MAiD Is Sick! Is there a doctor in the house?”
Next, I add, “It’s on all of us to try and solve this MAiD dilemma- it’s a huge problem of our time!” **
ALLAN J. GOLD, lawyer Montreal, elder law attorney.
www.allanjgold.com
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NOTICE – CAUTION –DISCLAIMER. The material provided herein is of a general nature, strictly for informational purposes. The interpretation and analysis is not to be misapplied to a personal situation with a particular set of facts. Under no circumstances, are the herein suggestions and tips, intended to bring a reader to the point of acting or not acting, but instead, the hope is that they are to be a cause for pause and reflection. It is specifically declared that this content is not to be a replacement of, or a substitution for, legal or any other appropriate advice. To the contrary, for more information on these presents, related subjects or any other questions, it is the express recommendation of the author that everyone seek out and consult a qualified professional or competent adviser.
1. National Academy of Medicine (formerly known as the Institute of Medicine).
2. https://nationalpost.com/news/maid-complications-assisted-suicide
3. https://www.cbc.ca/news/politics/committee-maid-mental-illness-expansion-recommendation-9.7237992
4, https://nanos.co/wp-content/uploads/2026/06/2026-3067-Globe-May-Report.pdf
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