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Prisoner rights

  • June 27, 2024

One of the Correctional Service of Canada’s (CSC) top priorities is ensuring that those who are incarcerated in Canada’s federal institutions have access to quality, safe, patient-centred and culturally-responsive care. This is underscored by CSC’s legislative mandate and the Corrections and Conditional Release Act (CCRA), which includes providing essential health care and reasonable access to non-essential health care to federal inmates, in keeping with professional standards. As part of this, CSC is responsive to the needs of offenders, including quality and compassionate palliative and end-of-life care.

Medical Assistance in Dying (MAiD) is a complex and deeply personal matter and CSC ensures a robust and compassionate process for those who may wish to access these services. The eligibility requirements within CSC follow the legislative requirements that apply to all Canadians. Once an individual makes such a request, a physician or nurse practitioner will meet with them to discuss relevant information, offer referrals to support services (such as mental health professionals, chaplains, elders, etc.) and schedule the individual for an eligibility assessment. It should be noted that CSC’s guidelines require that an external physician or nurse practitioner perform the second eligibility assessment and that the procedure be completed externally to CSC, namely, in a community hospital or health-care facility, other than in exceptional circumstances.

The process related to the provision of MAiD is comprehensive and contains numerous safeguards to ensure that federally incarcerated individuals are afforded the same rights as all other Canadians. As of March 31, CSC has received 40 requests in relation to MAiD. There have been 11 MAiD procedures carried out since the implementation of the legislation (March 17, 2016, to March 31, 2024). In 2022 there were eight requests received and four procedures carried out. In 2023 there were 11 requests received and one procedure carried out.

Esther Mailhot

Senior Advisor, Issues Management and Media Relations
Correctional Service Canada

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