Morbid Matters: Medical Assistance in Dying in Federal Corrections

Abstract

An ongoing problem of federal prisons in Canada continues to be deaths in custody. While prison suicides (i.e., dying by unnatural causes) and aging in prison (i.e., dying by natural causes) remain significant challenges, the legalization and introduction of medical assistance in dying (MAiD) raises policy and operational challenges for federally sentenced and/or terminally ill prisoners. Correctional Service of Canada (CSC) policy now allows for an external provider to end the life of a prisoner, contingent upon exceptional circumstances. Beyond the optics of enabling or facilitating inmate deaths via state agency, there are greater moral, ethical and practical considerations that must be discussed. This article explores the state and challenges of carrying out MAiD in relation to penitentiary settings. As the findings suggest, the arrival of MAiD has prompted an expansion of ideas of what constitutes fostering life or marking for death, and the relationship between the pair.