Exclude mental illness from MAID

AI summary

Petitioners ask Canada to adopt Bill C-218 to bar MAID for people whose sole medical condition is mental illness. The government responds that the temporary exclusion remains until March 2027 and health-system readiness reviews continue.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the House of Commons In support of M.P. Tamara Jansen's Private Members Bill C-218, An Act to amend the Criminal Code (medical assistance in dying). Whereas: The Government of Canada intends to expand medical assistance in dying (MAID) to individuals whose only medical condition is a mental illness; Mental illness is treatable, recovery is possible, and experts agree it is currently impossible to predict when a mental illness is truly irremediable; Expanding MAID in this way risks suggesting that some lives are beyond saving, while many Canadians still struggle to access timely and effective mental health care; Public concern is high, with many Canadians believing that treatment options should come before MAID and fearing that vulnerable individuals may seek MAID due to lack of care; Families and communities are concerned that people who could recover through treatment and support may instead lose their lives; Bill C-218, the Right to Recover Act, would amend the Criminal Code to ensure that mental illness alone is not considered a grievous and irremediable condition for the purposes of MAID. Therefore, we, the undersigned citizens and residents of Canada, call upon the Government of Canada to: 1. Pass Bill C-218 to stop the expansion of MAID to those whose sole underlying medical condition is a mental illness.

Government response

Response by the Minister of Health Signed by Maggie Chi Medical assistance in dying (MAID) is a complex and deeply personal issue. Provinces and territories are responsible for the organization, management and delivery of health services in their jurisdiction, including medical assistance in dying as part of end-of-life or complex care, within a federal legal framework that sets out strict criteria and robust safeguards. There is no automatic right to medical assistance in dying in Canada. Only those individuals with a grievous and irremediable (untreatable) medical condition – meaning that they have a serious and incurable illness condition or disability; are in an advanced state of irreversible decline; and, are experiencing intolerable and enduring suffering – may be eligible for medical assistance in dying. An individual with a grievous and irremediable condition that is a mental illness, however, is not currently eligible for medical assistance in dying in Canada. This means that they cannot receive medical assistance in dying. In 2021, Parliament amended the Criminal Code 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 expanded safeguards. At that time, Parliament also enacted a temporary exclusion to exempt individuals who suffer solely from a grievous and irremediable mental illness from being eligible for medical assistance in dying, pending further review. This review was undertaken by an independent expert panel to consider protocols, guidance and safeguards to apply to requests for medical assistance in dying by persons who suffer from grievous and irremediable mental illness. The Expert Panel’s report was tabled in Parliament in 2022. As well, a special committee of Parliament, the Special Joint Committee on Medical Assistance in Dying was struck to consider issues related to medical assistance in dying, with a focus on the issue of individuals whose grievous and irremediable condition is mental illness. Its 2022 report 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 2024 report concluded that Canada was not yet ready to proceed with eligibility for this population. The temporary exclusion exempting individuals whose sole grievous and irremediable condition is mental illness from eligibility for medical assistance in dying remains in place, having been extended twice by Parliament. 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. Currently, the temporary exclusion is slated to automatically lift in March 2027. In advance of the lifting of the exclusion, a special joint parliamentary committee has been established to consider health system readiness with respect to the assessment and provision of MAID for individuals whose grievous and irremediable condition is mental illness. This committee is required to submit their final report to parliament no later than October 2, 2026. Health Canada has been working with provinces and territories to support them as they ready their health systems. It has supported the development of guidance and training for practitioners by: Funding the development of clinical guidance to support health care practitioners in assessing requests for medical assistance in dying where a mental illness is the sole underlying grievous and irremediable condition. This guidance, which were developed by the Canadian Psychiatric Association, address issues related to suicidality and irremediability of mental disorders. 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. 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 March 2026, 9-8-8 answered over 900,000 calls and texts. It is a lifeline for people in crisis, and we are committed to strengthening it.