Members of the committee, thank you for the opportunity to appear before you today.
I'm a researcher at the Australian Centre for Health Law Research at Queensland University of Technology in Brisbane, but I'm originally from Calgary. I did my undergraduate degree at the University of Calgary and my law degree at Oxford as a Rhodes Scholar. I articled at the Alberta Court of Appeal and was a Crown prosecutor in Alberta, and then I immigrated to Australia and entered academia.
I have a Ph.D., and I have been researching end-of-life law, policy and practice for the last 14 years, with a focus on assisted dying. Over the past five years, I led a Canadian case study on MAID as part of a major Australian Research Council project on the optimal regulation of assisted dying. The study included law and policy analysis and qualitative interviews with persons engaged in MAID delivery and regulation. I have published extensively in this area, and I appear today in my personal capacity as a researcher.
I want to offer the committee three interconnected messages that have come out of my research.
First, the regulation of MAID is much broader than law alone, and that matters enormously for assessing readiness. A recurring error in public debate is to treat the Criminal Code as the only regulatory tool for MAID. Regulation is about shaping and steering behaviour and encompasses far more than just legal rules. Guidelines, training, institutional practices and communities of practice are all part of regulation. Optimal regulation includes both detecting transgressions and promoting best practices and continuous quality improvement. One cannot and should not put everything in the law. Readiness for MAID for mental illness as a sole underlying condition should therefore be examined holistically by looking at the whole regulatory ecosystem.
Second, oversight and monitoring of MAID in Canada are robust, and the system already has considerable strengths. I've published several articles on oversight and monitoring, and here it is worth being precise about terms, because conflation of monitoring and oversight is common. Monitoring is about aggregate data: tracking who's accessing MAID and under what conditions. Oversight is about review of individual cases for compliance with law and applicable standards. Both are important.
Regarding monitoring, Canada's federal system is rigorous. Preliminary assessors, MAID assessors and providers, and pharmacists all report to Health Canada. MAID is one of the most comprehensively reported medical practices in the country. All requests are reported and multiple practitioners report on every single case, and Health Canada's annual reports on MAID are among the most detailed in the world.
Regarding oversight, over 90% of MAID cases have some form of retrospective oversight, and this is because the most populous provinces have bodies that do this. Quebec's commission on end-of-life care reviews every MAID case and publishes reports. Ontario's chief coroner has a MAID review team, the MRT, which is different from the MAID death review committee, which has a different role. The MRT is a team of nurse coroners that reviews every case and produces annual reports. British Columbia and Alberta also review every case. These are meaningful mechanisms of accountability and scrutiny.
Third, the coal face regulation is a critical and underappreciated component of MAID regulation. Some of the most powerful regulation in medicine occurs at the clinical coal face—in other words, the front line of health care delivery. Coal face regulation extends formal regulation into day-to-day practice and includes clinical practice recommendations, peer consultation and best practices established by MAID teams in institutions and health authorities. For example, Nova Scotia has a single province-wide team that is aware of every MAID case and provides prospective support and retrospective quality review.
In summary, Canada's MAID system has real regulatory strengths, strong oversight, comprehensive monitoring and a layered ecosystem. The challenges for mental illness as a sole underlying condition are genuine, and they call for targeted regulatory responses. While the Criminal Code sets the framework, it is mechanisms like clinical guidance and coal face regulation that are best placed to deliver them.
I welcome the committee's questions.