Medical Assistance in Dying (MAiD)

An April 2023 Update

In the Winter 2022 edition of The Scrivener, the policies and practices of MAiD were explored at length.

At the time, there was some uncertainty about the extent to which adults with mental disorders, but no other underlying medical condition, would be allowed access to MAiD despite the statutory removal of a prohibition effective March 17, 2023.

The date has now been extended to March 17, 2024, per the Act to Amend an Act to Amend the Criminal Code of Canada SC 2023, c.1 (Bill C-39) (in force March 9, 2023).

Those of us in faith communities are wrestling with what we have been taught, weighed against modern medical advancement that can keep people suffering for years. We are learning to be compassionate to those who made difficult decisions with which we may not have agreed.

Thank you so much for accurate information that has prompted many discussions and given me some interesting professional speaking engagements.

Phyllis I. Simon, Notary Public Vernon, BC

Concerns had been expressed by health care providers and others that the health care system was not ready to deal with issues arising when people with mental disorders sought MAiD, (e.g., determining the person's capacity to give informed consent), and that there should be a delay until the issues were resolved. The federal government heard the concerns and has extended the temporary exclusion of eligibility by 1 year.

The attention of practitioners interested in this area is also drawn to the recently released “Model Practice Standard for MAiD” issued by Health Canada setting out the procedural safeguards and the duties and responsibilities of MAiD assessors and providers. ▲

Dr. Robert Gordon is Professor Emeritus in the School of Criminology, Simon Fraser University.

Winner of the prestigious Dr. Bernard W. Hoeter Award for the highest combined marks on all six in-depth Statutory Exams in 2022.

BC Notary Ms. Victoria Helmink

This “Victoria” was born and mostly raised in Victoria, BC. In our military family, my early childhood was spent moving around the country Masset, Winnipeg, Chatham, and Bordon. We returned to Victoria in time for the blizzard of ’96. My upbringing in a multigenerational household with my parents, grandmother, and sister helps me relate to clients of all ages.

In 2018, I crossed this off my bucket list—the life-long dream to publish a book. Today my writing skills are put to good use in my Notary practice.

The fundamental skills for successfully interacting with clients were acquired in an early customer-service job. My career in the legal field began 7 years ago as a receptionist in a Notary office where my role quickly expanded to assisting with conveyancing, the drafting of personal planning documents, and management! I was convinced to become a BC Notary to combine my love of writing, problem-solving, and the desire to provide exceptional service to clients.

Passion for the content material in the Master of Arts in Applied Legal Studies Program at SFU was a big driver in my achievement on the exams. My background as a legal assistant was beneficial. The amazing student cohort made the experience even more agreeable and dynamic.

I am thrilled to be joining my mentor Beverly Carter in her Notary practice, centrally located near Mayfair Mall in Victoria. We recently expanded our office to be able to accommodate even more clients!

I look forward to the opportunity of mentoring Notary students. My favourite part of being a Notary is the relationships I am able to build with clients—whether helping a first-time homebuyer or meeting with clients to discuss Wills and Powers of Attorney. I am privileged to have clients put their trust in me; I enjoy being a resource for their noncontentious legal needs and love that no days in the office are the same—there are always opportunities to learn and grow.

When not working, I hike with my dog Quinn, cuddle with my cat Athena, do creative writing, and spend time with family and friends.

Throughout my life, I have always been an active volunteer. Previously, through the Saanich Emergency Support Services program, I assisted evacuees who have had to leave their homes due to an emergency. Recently, I was involved in designing a fundraising calendar for the Help Fill a Dream Foundation. In 2012, I was honoured to receive the Queen’s Diamond Jubilee Medal in Recognition of my volunteering.

It is incredibly important to me to have a strong connection to my community. Being a Notary is a natural fit to fulfil that desire.