Ottawa will table legislation this fall to indefinitely exclude people suffering solely from mental illness from medical assistance in dying
The federal government has announced plans to introduce legislation this fall that would permanently exclude individuals whose only medical condition is a mental illness from accessing medical assistance in dying (MAID), the Canadian Press reported.
Justice Minister Sean Fraser cited a lack of consensus on whether mental illness can be considered irremediable, along with ongoing concerns about inadequate access to mental health supports across the country.
Advance requests to be decriminalized
Alongside the exclusion, Ottawa said the legislation will decriminalize advance requests for MAID. Under the proposed framework, individuals diagnosed with a serious illness who risk losing the capacity to consent in the future would be able to make a request in advance. However, the provinces would determine whether and how to provide advance requests within their jurisdictions.
Quebec already permits advance MAID requests for individuals with serious and incurable conditions such as Alzheimer's disease.
Policy direction follows parliamentary committee guidance
The announcement marks the first time the federal government has signalled its direction on MAID since a parliamentary committee recommended in June that it "indefinitely pause" any expansion of the procedure to people with mental disorders.
Ottawa first imposed a temporary exclusion for individuals suffering solely from mental illness in 2021. The new legislation would make that exclusion permanent.
Meanwhile, the policy trajectory carries implications for group benefits plan design, as employers and plan sponsors continue to navigate the intersection of mental health coverage, duty of care, and evolving end-of-life legislation.
