Government respondedPaper451-00197 · Parliament 45

Reverse MAID eligibility for mental illness

Petitioners ask support for Bill C-218 to repeal the extension of MAID eligibility to people whose sole underlying condition is mental illness. The government responds that MAID for sole mental illness remains excluded while expert reviews, guidance and health‑system readiness work continue.

Why we would sign this petition

  • It would keep MAID unavailable for people whose only condition is mental illness, reducing risk to potentially vulnerable individuals while supports or treatments may be lacking.
  • It prioritizes investment in mental‑health treatment and suicide‑prevention rather than expanding MAID access for this population.
  • Because mental illness can include suicidal symptoms and is clinically complex, delaying eligibility is a cautious course until assessments and supports are established.

Why we wouldn’t sign this petition

  • It would deny some individuals with treatment‑resistant mental illness the option of MAID, restricting autonomy for those who consider their suffering irremediable.
  • A repeal could perpetuate unequal access compared with other grievous conditions and prolong suffering for people who have exhausted care options.
  • Rather than repeal, strengthening safeguards, clinical standards and system readiness could address risks while preserving access for well‑assessed, eligible cases.

The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.

Official petition

Petition to the House of Commons, WHEREAS Canadians with mental illness should be provided with treatment and support; Mental illness is complex and can include suicidal thoughts as a symptom; The lives of Canadians with mental illness will be at risk when they are eligible for medical assistance in dying (MAID) on the basis of mental illness alone, especially when treatment and support are not readily available. Therefore we, the undersigned citizens and residents of Canada, call upon the House of Commons to support Bill C-218 which would reverse the law extending eligibility for MAID to people with mental illness as their sole medical condition.

Government response

Response by the Minister of Health Signed by Maggie Chi Mental Assistance in Dying (MAID) is a complex, deeply personal issue for many people. While provinces and territories are responsible for the organization, management and delivery of health services in their jurisdiction, including end-of-life care services like MAID, the Government of Canada is committed to ensuring our laws reflect Canadians’ needs, protect those who may be vulnerable, and support autonomy and compassion. Medical assistance in dying where a mental illness is the sole underlying medical condition is not currently permitted under the Criminal Code, but has been a topic of significant study and debate since the passage of Canada’s original legislation on medical assistance in dying in 2016. Medical assistance in dying where a mental illness is the sole underlying medical condition was first identified by Parliament as a topic requiring additional study in former Bill C-14, which received Royal Assent in 2016. The Council of Canadian Academies conducted this review, which was tabled in Parliament in 2018. The final report provided a comprehensive summary of the available evidence on medical assistance in dying where a mental illness is the sole underlying medical condition, drawing largely on research from the Netherlands and Belgium, where medical assistance in dying is permitted under such circumstances, identified gaps in knowledge, and outlined the risks and benefits of allowing MAID in these circumstances. The report did not include recommendations but was intended to inform the ongoing dialogue on the topic. In 2021, Parliament amended the Criminal Code through former Bill C-7 to permit eligibility for individuals suffering from grievous and irremediable medical conditions whose death was not reasonably foreseeable, if they met the strict eligibility criteria and safeguards set out in the Criminal Code. Former Bill C-7 included a two-year temporary exclusion from eligibility for individuals whose only grievous and irremediable condition was mental illness. The temporary exclusion was accompanied by an obligation on the part of the Minister of Health and the Minister of Justice to initiate an independent expert review “respecting recommended protocols, guidance and safeguards to apply to requests for medical assistance in dying by persons who have a mental illness.” The Expert Panel on Medical Assistance in Dying and Mental Illness (the Expert Panel) was launched to undertake this review. A final report of the Expert Panel's conclusions and recommendations was tabled in Parliament in 2022. Former Bill C-7 also required that a Joint Committee of both Houses of Parliament undertake a “comprehensive review of the provisions of the Criminal Code relating to medical assistance in dying and their application” including mental illness, among other topics. The Special Joint Committee on Medical Assistance in Dying was established in 2021 to undertake this review. Two of the three reports tabled by the committee have focused on medical assistance in dying where a mental illness is the sole underlying medical condition. Its first report, tabled in June 2022, emphasized the importance of standards of practice, clear guidelines, adequate training, comprehensive patient assessments and meaningful oversight in advance of the eligibility exclusion being lifted. Its third report, tabled in January 2024, noted conflicting views about Canada’s readiness for medical assistance in dying where a mental illness is the sole underlying medical condition. While some witnesses indicated that governments, regulators, professional associations, and practitioners had worked hard to prepare for the lifting of the exclusion, others perceived a lack of readiness to proceed with eligibility for this population. The committee concluded that Canada was not yet ready to proceed with eligibility for this population. The temporary exclusion of eligibility for individuals with a mental illness as their sole underlying medical condition was initially set to end on March 17, 2023. The previous Government tabled legislation to extend the eligibility exclusion to March 17, 2024, through former Bill C-39, and again to March 17, 2027 through former Bill C-62. This was done in response to concerns from provinces and territories and medical experts regarding health system readiness for addressing these types of requests for medical assistance in dying. Former Bill C-62 includes a provision that a Joint Committee of both Houses of Parliament undertake “a comprehensive review relating to the eligibility of persons whose sole underlying medical condition is a mental illness to receive medical assistance in dying.” As outlined in the legislation, this review must commence by February 2026. During the period of exclusion, Health Canada has been working with provinces and territories to support health system readiness by sharing best practices, strengthening collaboration and deepening the work with experts and stakeholders on needed supports to allow for the safe implementation of medical assistance in dying in Canada. In addition, Health Canada has supported the development of guidance and training for practitioners by: Funding the Canadian Association of Medical Assistance in Dying Assessors and Providers to develop and deliver the Canadian Medical Assistance in Dying Curriculum, an accredited bilingual curriculum for clinicians. The curriculum includes modules on complex medical assistance in dying scenarios and provides the main clinical practice considerations involved in medical assistance in dying for persons with mental illness. Publishing the Model Practice Standard for Medical Assistance in Dying and accompanying Advice to the Profession document, developed by an expert task group of clinicians. Funding the development of clinical practice guidelines to support health care practitioners in assessing requests for MAID where a mental illness is the sole underlying medical condition. These guidelines will address issues related to suicidality and irremediability of mental disorders and are being done by the Canadian Psychiatric Association. The work is expected to be completed in early 2026. Protecting vulnerable persons, including those in crisis or experiencing mental illness, is a priority for our Government. Through Canada’s first National Suicide Prevention Action Plan, we are coordinating efforts with provinces, territories, Indigenous partners, and experts to reduce risk and save lives. A cornerstone of this work is 9-8-8, Canada’s Suicide Crisis Helpline. It is free, confidential, available 24 hours a day, 7 days a week in English and French, by voice and text. Between November 2023 and July 2025, 9-8-8 answered over 600,000 calls and texts. It is a lifeline for people in crisis, and we are committed to strengthening it.