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MAID Track 2 safeguards — MCCQE Part 1 MCQ

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HardEthics & ProfessionalismMAID Track 2 safeguardsMCCQE Part 1

A capable 49-year-old woman with an incurable neurological disorder requests MAID. Her suffering is enduring and intolerable to her, but natural death is not reasonably foreseeable. Mental illness is not her sole underlying condition. Which safeguard is required under the Track 2 framework?

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Correct answer: C — Use relevant expertise or consultation and at least 90 clear assessment days unless capacity loss is imminent

When natural death is not reasonably foreseeable, Track 2 enhanced safeguards apply. Two independent practitioners must assess eligibility; one must have expertise in the condition causing suffering or consult a practitioner who does. The person must be informed of reasonable and available means to relieve suffering, and both assessors must agree that she has given serious consideration to those means. The assessment period is at least 90 clear days, although it may be shortened if loss of decision-making capacity is imminent and assessments can be completed. Patient capacity does not remove these safeguards, and family consent does not replace the patient's voluntary, informed request. In 2026, a request based solely on mental illness remains excluded until the legislated date of March 17, 2027.

Reference: Department of Justice Canada, Medical Assistance in Dying—Legislative Background: https://canada.justice.gc.ca/eng/cj-jp/ad-am/bk-di.html