No Assisted Dying for Mental Illness Only

Summary#

This bill changes the Criminal Code so that a mental disorder is not considered a “grievous and irremediable medical condition” for medical assistance in dying (MAID). In plain terms, people whose only underlying condition is a mental disorder would not be eligible for MAID. The bill also includes coordinating clauses so this exclusion applies regardless of timing with past MAID amendments (Bill s. 1; Coordinating Amendments (2)-(4)).

• Bars MAID when a mental disorder is the sole underlying condition (Bill s. 1).
• Leaves MAID access unchanged for people with physical illnesses or disabilities that meet current criteria (Criminal Code s.241.2).
• Requires MAID assessors to determine whether any qualifying non‑psychiatric condition exists before proceeding.
• Does not add funding or programs for mental health or suicide prevention; it is a criminal law change only (bill text).
• Harmonizes with earlier Criminal Code wording that excluded mental illness, making the exclusion ongoing through coordinating clauses (Coordinating Amendments (2)-(4)).

What it means for you#

• Households

  • If you or a family member has a mental disorder as the only medical condition (for example, major depression, bipolar disorder, schizophrenia), MAID would not be available. You could still seek mental health care and crisis supports. Effective on the bill’s coming into force (Bill s. 1).
  • If you or a family member has a qualifying physical illness or disability that meets MAID’s existing criteria, this bill does not change eligibility (Criminal Code s.241.2).

• Patients with co‑existing conditions

  • If you have both a mental disorder and a separate qualifying medical condition (for example, advanced cancer plus depression), MAID assessments would proceed based on the non‑psychiatric condition. The mental disorder alone cannot be the basis (Bill s. 1).

• Health care providers and MAID assessors

  • You must screen out MAID requests where the only underlying condition is a mental disorder and redirect patients to treatment and suicide‑prevention resources, consistent with professional standards. Update forms, workflows, and training accordingly (Bill s. 1).
  • You will need to document the medical basis for eligibility and distinguish primary psychiatric conditions from other illnesses to avoid contravening the Criminal Code (Bill s. 1).

• Hospitals, clinics, and MAID coordinating services

  • Update MAID policies, referral pathways, and patient information materials to reflect the exclusion for mental disorders as sole underlying conditions (Bill s. 1).
  • Expect more referrals from MAID inquiries to mental health and crisis services. Capacity planning will be a provincial/territorial responsibility. Data unavailable.

• Provincial/territorial governments and regulators

  • Review standards, guidance, and oversight for MAID assessments to ensure compliance with the new Criminal Code exclusion (Bill s. 1).
  • Consider impacts on demand for mental health and suicide‑prevention services. The bill itself does not fund added services. Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• The bill creates a Criminal Code change and includes no appropriations, transfers, fees, or taxes (bill text).
• Federal implementation and enforcement costs are not provided. Data unavailable.
• Health system impacts (training, referrals, service demand) fall mainly to provinces/territories. No fiscal estimates provided. Data unavailable.

Proponents' View#

• Protects vulnerable people by steering those with mental disorders toward suicide‑prevention counselling and treatment rather than MAID (Preamble).
• Prevents normalization of assisted dying as a response to mental illness, keeping a bright‑line rule in criminal law (Preamble; Bill s. 1).
• Provides legal clarity and national consistency for assessors by codifying that mental disorders cannot be the basis for meeting the “grievous and irremediable” test (Bill s. 1).
• Aligns with Parliament’s stated priority to ensure mental health supports are in place before considering access to assisted dying for this group (Preamble).
• Resolves timing conflicts with past MAID amendments using coordinating clauses, so the exclusion applies regardless of which prior provision is in force (Coordinating Amendments (2)-(4)).

Opponents' View#

• Discriminates against persons with mental disorders by denying a medical option available to others with grievous and irremediable conditions, raising potential Charter s.7 and s.15 concerns. Data unavailable for legal risk.
• Overrides expert work that outlined safeguards for assessing MAID where mental illness is involved, rather than a blanket ban (Expert Panel on MAID and Mental Illness, 2022; non‑partisan report).
• Creates practical assessment challenges in cases with both psychiatric and physical conditions, increasing administrative burden and the risk of inconsistent decisions (Bill s. 1).
• May strain provincial mental health and crisis systems without providing funding or capacity increases, potentially lengthening wait times. Data unavailable.
• Reverses or freezes prior legislative moves toward time‑limited exclusion and future readiness, creating policy whiplash and confusion for clinicians and patients (Coordinating Amendments (2)-(4)).