OTTAWA — The federal government plans to introduce legislation this fall that would permanently exclude mental illness as the sole underlying condition for medical assistance in dying, Justice Minister Sean Fraser told Reuters Wednesday.

The change would replace the current temporary exclusion, which is scheduled to expire March 17, 2027. Justice Canada says people whose only medical condition is a mental illness are not presently eligible for MAID.

Bill would also address advance requests

Fraser said the forthcoming bill would include provisions for advance requests by people who want MAID if they later lose decision-making capacity, including people with dementia or Alzheimer’s disease.

He said the federal government would amend the Criminal Code to protect doctors who follow the required criteria. According to Reuters, access through advance requests would be limited to provinces that create their own legal framework and safeguards for people with incurable conditions and intolerable suffering.

Details await the legislation

The government has not yet introduced the bill, so its final wording, safeguards and parliamentary timeline remain unknown. Any change would require passage by Parliament before becoming law.

Fraser said he did not anticipate other restrictions on the existing MAID regime. Dying With Dignity Canada has argued that excluding people whose sole condition is mental illness violates the Charter and has supported legal challenges, Reuters reported.

Sources: Reuters, October 7; Justice Canada’s current MAID law and eligibility guidance.

Lead image: flag of Canada via Wikimedia Commons; not a photograph of a patient, clinician or parliamentary proceeding.