441-02218 (Justice)

Medical assistance in dying (MAID) is a complex and deeply personal matter. The Government recognizes the unique and difficult issues that arise when a mental illness forms the basis of a request for MAID. This is why former Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), which expanded eligibility for MAID to persons whose natural death is not reasonably foreseeable in 2021, temporarily excluded mental illness, on its own, as an eligible medical condition for MAID until March 17, 2023. Last year, this date was pushed back by one year through Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying). This was done to allow more time for the dissemination and uptake of key resources by the medical and nursing communities. This date was recently pushed back again by three years through Bill C-62, An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2. This was done after provincial and territorial Ministers of Health across the country called for more time to prepare their health care systems for the expansion of MAID to persons whose sole underlying medical condition is a mental illness. This means that the provision of MAID on the basis of a mental illness alone will remain prohibited until March 17, 2027. Bill C-62 also requires that a joint parliamentary review relating to eligibility for MAID in these circumstances commence within the next two years.

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.