Canada has announced an indefinite suspension of plans to expand its medically assisted dying law to individuals whose sole condition is mental illness, citing a lack of consensus on eligibility criteria. Justice Minister Sean Fraser stated that while there is no perfect consensus on the issue, the government believes this approach is appropriate at this time. This decision follows a parliamentary panel's recommendation earlier this year against the expansion of the program, known as Maid in Canada.
Fraser noted that Canadians with mental illness as their only condition will not be able to access assisted dying by March 2027, as previously planned. Instead, the government will introduce new legislation in the coming weeks to suspend this expansion indefinitely. This proposed law will also allow patients with a progressing incurable illness to consent to assisted dying before they are unable to do so due to health deterioration, leaving the final decision to individual provinces.
Currently, advanced requests for assisted dying are not legal under federal law but are permitted in Quebec for patients with serious and incurable illnesses. Fraser acknowledged the complexity of the decisions being made, stating, "These are not easy decisions but we believe they will be the correct ones."
Medically assisted dying has been legal in Canada since 2016 for individuals with terminal illnesses, and it was expanded in 2021 to include those with incurable conditions whose death is not imminent. Originally, the expansion to include individuals with mental illness was set for 2023 but was delayed twice for further study.
Advocates for the expansion argue that individuals with mental illness should have the same rights as those with other illnesses. Helen Long, CEO of the advocacy group Dying with Dignity, expressed disappointment with the government's decision, stating that the suffering of individuals with severe and persistent mental illness is as real as that of those with physical illnesses.
Concerns have been raised regarding the understanding of mental illnesses in determining eligibility for assisted dying. Fraser expressed concern over the lack of consensus in the medical community regarding the irremediable nature of certain mental illnesses.
Claire Brosseau, a woman with treatment-resistant bipolar 1 disorder involved in a federal case challenging the current laws, stated that assisted dying would provide her with "a safe death." Her lawyer, Michael Fenrick, anticipates a lengthy legal battle on the issue, emphasizing that individuals will continue to suffer while the case is processed through the courts.
Experts have also raised concerns that the assisted dying program may be misused as a solution for individuals who would benefit more from improved access to affordable housing and healthcare. A parliamentary committee report earlier this year recommended excluding individuals whose sole underlying medical condition is a mental illness from assisted dying, highlighting the urgent need for equitable access to mental health services. This report was based on testimonies from doctors, advocates, and experts from countries that allow assisted dying for individuals with mental illness, such as the Netherlands and Belgium. However, not all committee members agreed with the recommendation, with some dissenting that the process was flawed and biased. Polls indicate that while a majority of Canadians support access to medically assisted death, support diminishes when it pertains to individuals with mental illness alone.