Unmaking MAID for Mental Disorders in Canada
On Wednesday of last week, a special joint committee of the Canadian Parliament released a landmark report that may save tens of thousands of lives from succumbing to medical assistance in dying (MAID).
The 88-page report to the government examined an expansion of Canada’s decade-old assisted suicide laws to allow the practice to be carried out on individuals whose sole reason for seeking it is mental illness. The report comes as Canada has reached a major milestone in the application of its evolving MAID law — at the 10-year point, Canada has carried out 100,000 MAID-induced deaths, and assisted suicide has become the nation’s fifth leading cause of death, amounting to some 45 deaths a day.
As has happened in several European countries with legalized assisted suicide, Canada has seen a steady, and by some measures swift, evolution of legal and moral standards. And, as has happened in the United States with respect to abortion on request and same-sex marriage, interjections by the judiciary forced legislatures to abandon centuries-old legal standards and follow a permissive agenda. The process accelerated in 2015 when the Canadian supreme court unanimously ruled in Carter v. Canada that Canadian adults possessed a right to MAID and that its denial violated the Canadian Charter of Rights and Freedoms. In the following year, Parliament adopted Bill C-14 which established a process for assisted suicide that made it available to people whose death was reasonably foreseeable due to “a grievous and irremediable medical condition that causes them enduring and intolerable suffering.”
The law took the form of an exemption from criminal prosecution for anyone who aided in suicide under the specified condition. From the beginning, a request for assisted suicide based solely on mental illness was not afforded an exemption and thus remained illegal. But the murky waters of assisted suicide continued to lap against the protections afforded vulnerable Canadians, and once again the courts played a key role. In the 2019 Truchon decision in Quebec province, the court struck down the requirement for “reasonably foreseeable death” but retained the exemption for mental illness conditions. In 2021, the Parliament further ratcheted up the exemptions from prosecution and used the more expansive language of “chronic and irremediable” conditions, making already subjective predictions of looming mortality even hazier. The same law postponed the implementation of MAID in cases featuring only mental illness until March 17, 2023.
This allowed an “expert panel” to complete and submit a report in March 2022 on how to administer MAID to patients whose sole condition is mental illness. In response, the Canadian government requested another year to review changes in the law, extending the exemption to March 17, 2024. In October 2023, the committee was reestablished and issued another report, on January 29, 2024, concluding that the Canadian legal and medical systems were not ready to administer assisted suicide to people now designated as MD-SUMC, which stands for mental disorder-sole underlying medical condition.
While court challenges to the law’s limitations and policy action in several provinces continued, Parliament in February 2024 adopted C-62, another extension — this time for three years until March 17, 2027. Another review panel was established, while groups like Canada’s Dying with Dignity expressed frustration that the total delay in allowing assisted suicide for this potentially broad group of Canadians would now extend to a full six years.
Now, however, just nine months out from the 2027 implementation date, the newest Parliamentary review committee has issued a stunning report asking that the allowance of assisted suicide for solely mental health conditions be delayed “indefinitely.” The committee formally recommended the amendment of the criminal code to exclude these individuals from eligibility for help taking their own lives.
A variety of factors drove the committee’s recommendation. Under the law as it exists, the underlying illness prompting a request for MAID must be found to be irremediable. This is difficult to do with mental disorders. As the report notes, “witnesses testified that it would not be possible — either at this moment or at any future time — to reliably determine irremediability in mental illness or ‘reliably distinguish in practice those rare cases where suffering is truly irremediable from those where despair may yet be treatable.’” Another witness, Dr. Harvey Max Chochinov, testified that “the availability of MAID may undermine the therapeutic relationship. The strength of that relationship is,” he argued, “the most helpful factor for predicting successful outcomes” for troubled individuals.
Polling on the subject in both Canada and the United States continues to indicate public support for assisted suicide for certain medical conditions, but there is significant opposition to it in the event of mental disorders as the sole underlying condition. In 2025 the American Psychiatric Association issued a position paper opposing MD-SUMC. Polling in 2023 done by Angus Reid for the Association for Reformed Political Action Canada found that 50% of Canadians oppose assisted suicide solely for mental illness, while only 28% support it. More than 80% of Canadians agreed that MAID should not be expanded without first improving mental health care in the country. More recent polling from Angus Reid found that 43% of Canadians now support MAID for mental disorders and 39% oppose it.
The call for improved mental health care in Canada and the evident rise in mental health concerns in the United States are widespread, making any expansion of MAID particularly dangerous at this time in the West. In Ontario, Canada, for example, witnesses told the committee that mental health service volumes have increased by 66% over the last four years. Some 52% of young adults with mental health conditions in Canada told the Canadian Institute for Health that they had been able to find none or only limited help with their condition. In the United States, men die by suicide at a rate four times higher than women, though men are diagnosed with depression and mood disorders at a lower rate than women. Other committee witnesses cited data showing that MAID in the past, when pursued under existing law where mental disorders are not the sole factor for seeking it, has disproportionately resulted in deaths among women, and even in neglect of efforts to account for mental health issues in women who were victims of abuse. Disabled women were also disproportionately affected.
The cost of mental health care is also a factor. The Canadian committee heard that one in three Canadians say they are unable to afford psychiatric care. Finally, some witnesses expressed concern about suicide contagion, a societal phenomenon of individuals concluding that a decision for suicide is reasonable, beneficial to others, or approved by social thought leaders.
The report of the Special Joint Committee on Medical Assistance, or AMAD, has no direct policy authority. Its impact will come from the strength of its opposition to opening the door to assisted suicide next March. All but three of the 17-member House and Senate panel recommended maintaining an exemption for MD-SUMC persons and making that exemption indefinite.
The Bloc Quebecois also opposed limiting assisted suicide for mental disorders. The committee listed three other options, including proceeding with the current March 17, 2027 expiration of the exemption, making the exemption permanent law, or referring the matter to the Canadian Supreme Court for a determination on whether disallowing assisted suicide in cases of mental disorder violates the Canadian Charter of Rights and Freedoms. That charter speaks of the right to life and the security of the person, but that has not prevented it from being applied to guarantee legal abortion and the opening of the door to assisted suicide just over a decade ago.
The ball is now in the government’s court. Prime Minister John Carney and, particularly, Justice Minister Sean Fraser have the task of evaluating the Special Joint Committee’s report, examining testimony, and determining whether to introduce new legislation into Parliament to carry out the committee’s recommendation; alter it to another, shorter timeline; create some form of implementation scheme to allow assisted suicide; or just retain the March 17, 2027 date. Minister Fraser has acknowledged what he says “isn’t easy work” that must be “informed by people’s personal experiences.” The phrase sounds perhaps a bit ominous, but it is true that MAID policies are no abstraction and real lives are at stake.
It is difficult to imagine that the outright failure of the Leadbeater bill in the British Parliament, where opponents in the disability and medical communities heroically fought and defeated assisted suicide for now, did not encourage the major resistance to expanded MAID in Canada. So too are the stories constantly emerging about the “personal experiences” of Canadians being offered MAID or dying under conditions that are not remotely medically dire. Most recently, a Canadian priest reported in May that he was twice offered euthanasia after suffering a fractured hip. The pressure on the health care system costs can’t be ignored for aging populations in nations like Canada and the United States that claim to have safety nets but that in fact face gaps in care and growing costs to care for the elderly.
The government’s decision on the Special Joint Committee report is due on July 11. It is a moment of high drama for the fate of some of the most vulnerable people in our midst.


