The Canadian Government proposes a bill to postpone the expansion of Medical Assistance in Dying by 3 years.
The option of Medical Assistance in Dying (MAID) is a profoundly personal decision and a topic of great sensitivity. In Canada, MAID may be considered by individuals facing intolerable suffering due to an eligible medical condition. The Government of Canada acknowledges that mental illness can inflict suffering on par with physical ailments.
As per Canada’s existing MAID legislation, individuals solely grappling with a mental illness, meeting all eligibility criteria and safeguards, were slated for MAID eligibility as of March 17, 2024. Substantial strides have been taken to ready for MAID eligibility concerning those whose sole medical affliction is mental illness. However, through consultations with provinces, territories, medical experts, individuals with lived experiences, and other stakeholders, the Government of Canada has heard – and concurs – that the healthcare system is not yet adequately prepared for this expansion.
Thus, today, the Honourable Mark Holland, Minister of Health, alongside the Honourable Ya’ara Saks, Minister of Mental Health and Addictions and Associate Minister of Health, and the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, have introduced legislation proposing a three-year extension to temporarily exclude eligibility for MAID for individuals solely suffering from mental illness. This extension would afford more time for provinces and territories to equip their healthcare systems, including formulating policies, standards, guidance, and additional resources to evaluate and administer MAID in instances where the individual’s singular underlying medical condition is mental illness. Moreover, it would provide practitioners with additional time for training and acclimation to available supports, guidelines, and standards.
This proposed extension aligns with the recommendations put forth by the Special Joint Committee on Medical Assistance in Dying (MAID) in their report titled “MAID and Mental Disorders: The Road Ahead,” which was presented on January 29, 2024. While acknowledging significant progress in preparing for the extension of eligibility to individuals solely afflicted by mental illness, the committee recommended delaying its availability in Canada until the healthcare system can reliably and adequately administer MAID in such cases.
Additionally, the Government of Canada proposes that a joint parliamentary committee conduct a thorough review concerning the eligibility for MAID of individuals whose sole underlying medical condition is mental illness, within two years following the Act’s receipt of royal assent. This step aims to assess progress made by provinces, territories, and partners in achieving readiness across the healthcare system.
The Government of Canada is dedicated to a deliberate, considerate, and compassionate approach to ensure that Canada’s MAID system addresses the needs of its people, safeguards those who may be vulnerable, and upholds the autonomy and freedom of choice of individuals. Collaboration with provinces, territories, medical professionals, individuals with firsthand experiences, and other stakeholders will persist to support the safe implementation of MAID, with necessary safeguards in place, reaffirming and protecting the inherent and equal worth of every person’s life.
