Medical Assistance in Dying in Canada vs. Medical Aid in Dying Laws in the U.S.

Learn about the distinct differences.

United States medical aid-in-dying laws and Canada’s medical assistance in dying framework operate under distinct legal and healthcare structures with different eligibility criteria, safeguards, and processes. A new documentary, Life After, by Reid Davenport, incorrectly conflates the two laws.

Because of these structural differences, what happens in Canada would not be possible under the U.S. system.

United States

SYSTEM TYPE: State-based

Medical aid in dying is authorized in 12 states and Washington, D.C. Each jurisdiction has its own statute, safeguards, and reporting requirements, but all of them have the same eligibility requirements including a terminal disease diagnosis.

ELIGIBILITY:

Adults diagnosed with a terminal illness who have six months or less to live who are mentally capable of making a healthcare decision

ADMINISTRATION:

Medication must be self-administered by ingestion. Euthanasia and clinician-administration are prohibited.

CONFIRMATION:

Two independent clinicians — physicians in all states, and in some states nurse practitioners or physician assistants — must confirm that the patient meets every legal requirement. If there is any concern about the patient’s judgment or capacity, a psychological evaluation may be required.

WAITING PERIODS:

Vary by state, but most require an initial 15-day waiting period after the first request and a 48-hour waiting period before medication can be prescribed.

Canada

SYSTEM TYPE: Federal

Following the Carter v. Canada Supreme Court decision in 2015, medical assistance in dying became a nationally recognized right and is administered by provincial and territorial governments.

ELIGIBILITY:

Adults with a grievous and irremediable medical condition that causes intolerable suffering. Patients do not need a terminal prognosis.

ADMINISTRATION:

Medication may be self-administered or clinician-administered, often by IV.

CONFIRMATION:

Two independent physicians or nurse practitioners must confirm eligibility. 

WAITING PERIODS:

  • If death is reasonably foreseeable: medical assistance in dying can proceed after approval
  • If death is not reasonably foreseeable: a minimum 90-day assessment period applies.

Understanding the Differences

  • The U.S. approach is state-driven and terminal-illness based, with detailed safeguards focused on prognosis and self-administration. These eligibility requirements have not changed since the first U.S. medical aid in dying law passed more than 30 years ago.
  • Canada’s approach is federally recognized and focuses on suffering and medical conditions, allowing broader eligibility.

FAQ: “Life After” and Disability Justice

Purpose:
This FAQ provides accurate information and context for advocates, supporters, and the general public who have seen or heard about the PBS documentary Life After by Reid Davenport and are seeking to understand Compassion & Choices’ position.

Life After is a powerful documentary by Reid Davenport that explores the experiences of people with disabilities navigating a healthcare system that often fails to meet their needs. The film raises profound questions about dignity, autonomy, and justice for people living with disabilities.

Compassion & Choices is mentioned in one scene connected to the history of end-of-life advocacy in the U.S. The film links the organization back to early movements, including the former Hemlock Society. While that historical link is accurate, the portrayal does not reflect the Compassion & Choices’ role as today’s national leader for patient-directed end-of-life care grounded in disability inclusion, equity, and autonomy.

Absolutely. Our work is rooted in the belief that all people—including those living with disabilities—deserve equitable access to healthcare, respect for their choices, and full support for their needs. Almost everyone who is terminally ill is also living with a disability. We fight for both better care and more options so that no one is forced to suffer or made to feel like their life has less value.

US medical aid and dying laws allow a mentally capable, terminally ill adult with a prognosis of six months or less to request a prescription for medication they may choose to self-ingest to end unbearable suffering. It is a voluntary, safeguarded option available in 12 U.S. jurisdictions.

No, disability or chronic illness alone never qualifies anyone for utilizing US medical aid and dying laws. The law requires:

  • A terminal disease diagnosis with a six-month prognosis.
  • Mental capacity to make medical decisions.
  • Voluntary, repeated requests from the patient.
  • The ability to self-administer the medication.

Clinicians may not administer the medication under any circumstances. These safeguards exist to protect against coercion and ensure patient choice.

The film highlights tragic examples from Canada, where euthanasia is legal and people who are not terminally ill may qualify for their medical assistance in dying process.

In the U.S., euthanasia is illegal everywhere. Medical aid in dying here is:

  • Patient-initiated and self-administered
  • Limited to terminally ill adults
  • Rooted in informed consent and oversight

U.S. laws were designed in consultation with healthcare professionals, ethicists, and people with disabilities to ensure protection and respect.

Yes. Life After rightly spotlights discrimination and neglect within healthcare systems. Compassion & Choices actively advocates for:

  • Fully funded Medicare and Medicaid
  • Stronger hospice and palliative care programs
  • Better training and accountability for healthcare providers
    We share the film’s outrage over the inadequate care that people with disabilities too often face.

We welcome discussion and collaboration. Disability justice and end-of-life choice share a foundation of self-determination, respect, and belonging. We invite everyone to join us in ensuring care systems serve people’s needs—not limit them.

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Mail contributions directly to:
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Compassion & Choices is a 501 C3 organization. Federal tax number: 84-1328829

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BREAKING: ILLINOIS MEDICAL AID-IN-DYING LAW HEADS TO GOVERNOR'S DESK

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