The Canadian Civil Liberties Association on Thursday urged the federal government to affirm the right to medical assistance in dying (MAiD) for patients whose only underlying illness is mental illness. The statement comes after the Canadian Parliament received one report from its joint special committee, which proposes an indefinite exclusion of patients with mental illness.
In the opinionThe group argued that Parliament should not delay a constitutional right to dignity and autonomy. The group argued that the proposed exclusion would violate their right to life, liberty and security Section 7 the Canadian Charter of Rights and Freedoms. Categorical exclusion would also amount to discrimination based on mental disability Section 15 of the charter, the group claimed.
However, the group did not dismiss concerns that Canada’s social support systems – including housing, anti-poverty measures and disability support – are inadequate. This can lead to MAiD requests even though patients’ conditions are remediable. The statement called on the government to address the system’s shortcomings and provide access to MAiD to patients whose only medical condition is mental illness.
A special joint committee reported back to Parliament on June 17th. In its report, the committee concluded that medical experts across the country had not reached a consensus on its readiness. The report cited conflicting opinions regarding Canada’s ability to establish: evidence-based and consensus-based criteria for distinguishing a substantiated MAiD request from suicidal intent; a well-equipped mental health support system; and sufficient regulatory protections. The report ended with the committee recommending that enlargement be postponed indefinitely.
In 2015, the Supreme Court of Canada ruled held that the criminal ban on MAiD violates the constitutional rights to life, liberty and security. The court reasoned that the right included the freedom to make medical decisions and prevent unbearable suffering without having to take one’s own life prematurely.
After the verdict, Parliament decriminalized the provision of MAiD by physicians to patients with a terminal illness. In 2021, Parliament REMOVED the requirement that the patient’s natural death must be reasonably foreseeable. An attempt has also been made to make patients whose only medical condition is mental illness eligible for MAiD. Twice in Parliament delayed the extension to March 2027, citing concerns in the committee report.
Providing MAiD to people whose only medical condition is mental illness remains controversial across the country. In 2016, the Alberta Court of Appeal ruled confirmed that patients can apply for MAiD if they suffer from a serious and incurable illness, even if it is a psychiatric illness. In April, the provincial legislature forbidden including providing MAiD to patients whose only medical condition is mental illness. Quebec has also passed a similar law restriction in 2023.
The federal government also faces a lawsuit in the Ontario Superior Court of Justice. Disability rights groups argued that the 2021 expansion “increases the risk that people with a disability will be prompted to end their lives in response to suffering.” Inclusion Canada, one of the petitioners, renewed in May it appealed to stop the expansion to include patients whose only medical condition is mental illness.
