These Feet Were Meant for Voting: The Mature Minor in Health Law and Family Law

One of the most frequent questions a family lawyer is asked is “at what age can my child choose to live with me?” 

Now I don’t practice health law, but out of sheer curiosity I have been following a number of news articles on extending legally-regulated medical assistance in death (MAID) to children. Two recent articles that got me into this topic: 

• SickKids grapples with medically assisted dying 
• Nearly half of doctors surveyed support assisted dying for children in some cases 

As well, arising from the 2015 SCC decision of Carter v Canada (AG) and as legislated within Bill C-14 in June 2016, the Counsel of Canadian Academies (“CCA”) released their report on MAID for “Mature Minors” on December 12, 2018. It is a worthwhile read, as it grapples intelligently through the multiplicity of perspectives that this issue requires. The report cautiously concludes that there remain many gaps in knowledge making it difficult to arrive at definitive answers as to whether to allow extend MAID legislation to those not considered “adult”. 

What I hope to briefly explore is what it means to be a “mature minor” in health law, and as a family lawyer, to compare how health law and family law treat older children’s views and preferences.