441-01429 (Justice)

Medical assistance in dying (MAID) is a complex and deeply personal matter. In 2021, Parliament passed former Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), which responds to the September 2019 Superior Court of Quebec ruling in Truchon,which struck down the eligibility criterion of “reasonably foreseeable natural death” from the Criminal Code MAID regime.

The Government recognizes the difficult issues that arise when a mental illness is the sole underlying medical condition for a MAID request. Former Bill C-7, as adopted, excluded mental illness, on its own, as an eligible medical condition until March 2023. This temporary exclusion provided time for a panel of experts to examine the issue and recommend protocols, guidance and safeguards to apply to requests for MAID by persons who have a mental illness. The Expert Panel on MAID and Mental Illness was launched to undertake this review, and tabled its final report on May 13, 2022. Former Bill C-7 also required the establishment of a joint Parliamentary Committee to study this issue and other important issues concerning MAID. The Special Joint Committee on MAID (AMAD) undertook this study and tabled its final report on February 15, 2023. The Government of Canada is reviewing the final report and will table a Government Response, as required, in the coming months.

On March 9, 2023, the MAID mental illness exclusion was extended for one year through Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying). This means that the provision of MAID where the sole underlying medical condition is a mental illness will continue to be prohibited until March 17, 2024. This extension will allow more time for the dissemination and uptake of key resources to the medical and nursing communities, and for the Government to meaningfully consider AMAD’s final report which provides further insight in this area.

The Government continues to consider ways to ensure that our MAID laws reflect our evolving understanding of Canadians’ needs, support autonomy and freedom of choice, and protect those who may be vulnerable.