Canada indefinitely bars MAID for mental illness as sole reason

The federal government will introduce legislation this fall to indefinitely ban access to medical assistance in dying for people whose sole condition is mental illness, Justice Minister Sean Fraser announced Wednesday.

Current law already excludes MAID for mental illness as the only criterion. That exclusion was set to expire in March 2027, which would have opened the door to expansion. Instead, the government is making the ban permanent.

Fraser said in the House of Commons foyer: "Canada has made a decision not to move forward with the expansion that is scheduled in the Criminal Code of medical assistance in dying in circumstances where mental illness is the sole basis."

The government's decision reflects a June parliamentary committee report that recommended "indefinitely exclude" mental illness from MAID eligibility. That committee cited concerns about potential impact on Canada's legal and health care systems, and the lack of sufficient mental health supports in the country.

Fraser acknowledged disagreement on the issue, saying: "While there is not a perfect consensus on this issue, we believe this is the correct approach at this particular time."

The legislation will also enable advance consent for MAID in circumstances where an illness will eliminate a person's capacity to decide. Advance consent would require the illness to be incurable and result in intolerable suffering. Details of how advance consent will work are still being developed in House of Commons committees.

At least one pending court challenge to the mental illness exclusion exists in Ontario. The government's announcement provides no statement from mental health advocates, disability rights groups, or people with lived experience of mental illness.