Alberta Draws a Line on MAID: What the Safeguards for Last Resort Termination of Life Act Does and Why Women Are at the Centre of It

On April 22, 2026, the Alberta Legislative Assembly passed Bill 18 — the Safeguards for Last Resort Termination of Life Act — at third reading. It makes Alberta the first Canadian province to place statutory limitations on medically assisted dying that go beyond the federal framework established under the Criminal Code. The legislation restricts MAID to patients whose death is reasonably foreseeable within 12 months, prohibits it where mental illness is the sole condition, bans advance requests, and enshrines the right of individual healthcare professionals and entire healthcare facilities to decline to participate.

The legislation's connection to women's rights is not immediately obvious in the way that Bills 26, 27, or 29 are. MAID policy is not a women's issue in the same direct sense as sport category integrity or parental rights in schools. But it is a women's issue, for reasons that deserve examination.


Why This Matters for Women

Women are over represented among the populations most at risk from MAID policy failures in three distinct ways.

The first is elder care. Women live longer than men. Women are more likely to end their lives in institutional care — nursing homes, continuing care facilities, palliative settings. They are more likely to be in the demographic that Canada's MAID expansion, particularly Track 2 MAID and the forthcoming mental illness expansion, is most likely to affect. The concern that vulnerable elderly women — isolated, in pain, feeling like a burden — are receiving MAID as an alternative to adequate care and social support rather than as a last resort is not hypothetical. Inclusion Alberta's CEO Trish Bowman stated explicitly at the bill's introduction press conference that MAID was leading to medical systems sometimes offering death as an alternative to people with disabilities instead of the supports they need for a higher quality of life.

The second is mental illness. The federal government's planned 2027 expansion of MAID eligibility to persons whose sole underlying condition is a mental illness disproportionately risks affecting women, who are over represented among those diagnosed with depression, complex trauma, eating disorders, and personality disorders — conditions that are treatable and that fluctuate over time. Allowing MAID for mental illness as a sole condition creates a pathway under which a woman in a depressive episode, a woman with an eating disorder who has not responded to available treatments, or a woman with a trauma history that has not yet found adequate therapeutic support could be assessed as eligible for assisted death. Alberta's Bill 18 prohibits this in the province regardless of what federal law permits.

The third is professional conscience. The healthcare workforce is predominantly female. Nurses — 91% female in Canada — are among the professionals most likely to be involved in MAID delivery at a bedside level. Female physicians, social workers, and care workers who have conscientious objections to participating in MAID have faced professional pressure to participate or refer despite those objections. Bill 18's conscience protections — the statutory right to refuse to assess or provide MAID, and the designation of MAID-free facilities — directly protect the professional integrity of the women most likely to be asked to deliver assisted deaths.


What the Act Actually Does

The Safeguards for Last Resort Termination of Life Act establishes Alberta's own MAID regulatory framework in parallel with the federal Criminal Code provisions. Where federal law permits MAID for a category of patients, Bill 18 may nonetheless prohibit it in Alberta by setting more restrictive provincial eligibility criteria — a legislative approach whose constitutional validity has not yet been definitively tested but which reflects Alberta's established pattern of using available provincial tools to set standards that diverge from federal direction.

The 12-month foreseeable death requirement eliminates Track 2 MAID in Alberta — the pathway available to patients whose death is not immediately foreseeable, which has been the most controversial element of Canada's MAID expansion. The prohibition on mental illness as a sole condition pre-emptively addresses the federal 2027 expansion before it takes effect. The ban on advance requests diverges from Quebec's approach and reflects a judgment that the mental capacity to consent must exist at the moment of MAID, not merely at the moment of the advance request.

The conscience protection provisions are the most operationally significant for the daily professional lives of healthcare workers in Alberta. A nurse practitioner who objects to MAID cannot be required to assess or provide it. A Catholic continuing care home can designate itself MAID-free and cannot be compelled to display MAID information or facilitate assisted deaths on its premises. These protections existed in varying degrees before Bill 18, but the Act enshrines them in provincial statute — making them enforceable through the mandatory sanctions provisions rather than relying solely on college-level professional standards.


The Federalism Question

Bill 18's constitutional validity is not certain. MAID is regulated under the federal Criminal Code, and the Supreme Court of Canada's Carter decision that underpins Canada's MAID framework has constitutional status. Whether a province can restrict access to federally permitted MAID by setting stricter eligibility criteria — or whether doing so constitutes an impermissible intrusion on federal criminal law jurisdiction — is the same federalism question being litigated in the Bill 26 context for gender medicine. Alberta has made a consistent constitutional bet: that provinces have sufficient authority over health care delivery to set standards that exceed federal floors, even in areas touching criminal law.

That bet has not yet been tested in court for MAID. It may be.


Conclusion: Protecting the Vulnerable Before the Crisis

Bill 18 is a preemptive piece of legislation. It restricts MAID for mental illness before the federal expansion takes effect in March 2027. It establishes conscience protections before those protections are tested in individual cases. It sets a 12-month foreseeability standard before Track 2 MAID has produced documented harms in Alberta that would otherwise prompt legislative response.

The precautionary logic is the same logic underlying Bill 26's restrictions on pediatric gender medicine: where the evidence base for a medical practice is inadequate, where the consequences of error are irreversible, and where vulnerable populations — children, people with mental illness, elderly women in institutional care — face elevated risk, the legislature has an obligation to act before the harms accumulate rather than after.

For women who work in healthcare and who have conscientious objections to assisted dying, the Act is a protection they can enforce. For women who are elderly, disabled, mentally ill, or otherwise vulnerable to a medical system that may offer death before adequate care, it is a limit on a pathway that should remain a last resort.

Key Provisions

  • Restricts MAID to adults aged 18 and over whose natural death is reasonably foreseeable within 12 months — eliminating Track 2 MAID in Alberta, where death is not immediately foreseeable.

  • Prohibits MAID where mental illness is the sole underlying medical condition.

  • Prohibits advance requests for MAID — unlike Quebec, which has allowed advance requests since 2024. Requires a direct family member of the patient to be present during MAID administration in almost all cases.

  • Prohibits physicians and nurse practitioners from making referrals for individuals to receive MAID. Enshrines in provincial law the right of physicians and nurse practitioners to refuse to assess or provide MAID.

  • Explicitly designates MAID-free healthcare facilities — clinics, hospitals, and continuing care homes may declare themselves MAID-free and cannot be required to display MAID-related information or facilitate MAID on their premises.

  • Requires MAID assessors and providers to meet education and training requirements.

  • Introduces mandatory sanctions for practitioners where a regulatory college finds violations. Comes into force upon proclamation.

Ministerial Chain of Custody:

Danielle Smith has served as Premier of Alberta since October 2022 and bears ultimate political accountability for Bill 18. She was present at the bill's introduction press conference and framed it explicitly as a protection for vulnerable Albertans — people with disabilities, people with mental illness, elderly Albertans in continuing care — from a federal MAID expansion she described as moving too fast and too far. Her government's opposition to the federal 2027 expansion allowing MAID for mental illness as a sole condition has been consistent and public, and Bill 18 is the legislative expression of that opposition at the provincial level.

Mickey Amery served as Minister of Justice and Attorney General and tabled Bill 18 in the legislature on March 18, 2026. As the minister responsible for criminal law and constitutional matters, Amery bears accountability for the bill's legal architecture — including the decision to establish a provincial MAID framework that diverges from federal law in ways whose constitutional validity has not yet been definitively tested. His department assessed the federalism question and concluded that Alberta has sufficient provincial authority over healthcare delivery to set these restrictions. If that conclusion is tested in court, the litigation will be managed under his ministerial authority.

The College of Physicians and Surgeons of Alberta and the College of Registered Nurses of Alberta, as the regulatory bodies responsible for the professional standards of the healthcare workers most directly affected by Bill 18's conscience protections, bear institutional accountability for whether those protections are honoured in practice. The history of professional regulatory pressure on healthcare workers to participate in MAID or refer despite conscientious objection — documented across multiple Canadian provinces — is the problem the bill's conscience provisions address. Whether Alberta's regulatory colleges implement those protections consistently or resist them through professional standards that effectively override the statutory right will determine how meaningful the conscience protections prove to be for the women healthcare professionals most likely to invoke them.

References:

  1. Bill 18, Safeguards for Last Resort Termination of Life Act, 2nd Sess, 31st Leg, Alberta, 2026 (passed third reading 22 April 2026; awaiting proclamation).

  2. Government of Alberta, "Protecting Vulnerable Albertans Seeking MAID" (18 March 2026), online: https://www.alberta.ca/protecting-vulnerable-albertans-seeking-maid.

  3. Government of Alberta, "Safeguards for Last Resort Termination of Life Act Fact Sheet" (March 2026), online: https://www.alberta.ca/system/files/jus-bill-18-safeguards-for-last-resort-termination-life-act-fact-sheet.pdf.

  4. CBC News, "Alberta Bill Would Limit Medically Assisted Dying to Patients Facing 'Reasonably Foreseeable' Death" (18 March 2026), online: https://www.cbc.ca/news/canada/edmonton/alberta-medical-assistance-in-dying-limits-legislation-9.7133788.

  5. LawNow Magazine, "Bill 18: Alberta Pushes Back Against MAID Expansion" (2026), online: https://www.lawnow.org/bill-18-alberta-pushes-back-against-maid-expansion/.

  6. CCCC Blogs, "Alberta's Bill 18 Proposes Important Safeguards to MAID Regime" (30 March 2026), online: https://www.cccc.org/news_blogs/legal/2026/03/30/albertas-bill-18-proposes-important-safeguards-to-maid-regime/.

  7. Canadian Affairs, "Alberta Proposes Sweeping MAID Limits in New Bill" (19 March 2026), online: https://www.canadianaffairs.news/2026/03/19/alberta-proposes-sweeping-maid-limits-in-new-bill/.

  8. Criminal Code, RSC 1985, c C-46, ss 241.1–241.4 (MAID provisions as amended), online: https://laws-lois.justice.gc.ca/eng/acts/c-46/.

  9. Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, s 7, online: https://laws-lois.justice.gc.ca/eng/const/page-12.html.

  10. Carter v Canada (Attorney General), 2015 SCC 5, online: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14637/index.do.

  11. CTV News Edmonton, "Alberta Legislature Wraps Up 17-Bill Spring Session" (14 May 2026), online: https://www.ctvnews.ca/edmonton/article/alberta-legislature-wraps-up-17-bill-spring-session/.

  12. Global News, "Alberta Moves to Drastically Reduce Access to Medically Assisted Dying" (March 2026), online: https://globalnews.ca/news/11736913/alberta-medical-assistance-in-dying/.

We Need Your Support

For Women & Girls Alberta is a non-partisan, women-led, volunteer organization, and we rely on concerned Albertans like you to help us do the work.

We receive no public funding or corporate sponsorship whatsoever.

We Need Your Support

For Women & Girls Alberta is a non-partisan, women-led, volunteer organization, and we rely on concerned Albertans like you to help us do the work.

We receive no public funding or corporate sponsorship whatsoever.

We Need Your Support

For Women & Girls Alberta is a non-partisan, women-led, volunteer organization, and we rely on concerned Albertans like you to help us do the work.

We receive no public funding or corporate sponsorship whatsoever.