OTTAWA — A joint committee report tabled Wednesday calling for a halt to expanding Canada’s Medical Assistance in Dying (MAID) framework has drawn praise from disability advocates but criticism from some committee members who label the process as “highly irregular and flawed.”
Report Recommends Indefinite Pause
The report, presented to both the House of Commons and the Senate, urges the federal government to enact an “indefinite pause” on extending MAID to individuals whose sole reason for seeking it is mental illness. It cites unresolved questions about the practice.
“We’re happy (the report) recommends an indefinite pause,” said Krista Carr, CEO of Inclusion Canada. “We would want to see it taken off the table permanently for good, but an indefinite pause is definitely a good thing as opposed to punting it down the road for two more years.”
Questions Surround ‘Incurability’ of Psychiatric Disorders
The report, drafted by the joint Senate/House Committee on Medical Assistance in Dying, recommends amending the Criminal Code to “indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying.”
In February 2024, legislation was passed to expand MAID to those with mental illness as the sole condition, with changes slated for March. Patients are assigned to Track 1 (terminal illness or near natural death) or Track 2 (death not reasonably foreseeable). Canada’s Track 2 MAID drew international condemnation, including a 2021 UN special rapporteur’s admonishment for violating the Universal Declaration of Human Rights.
University of Toronto Professor Trudo Lemmens, who testified before the committee, supports ending Track 2 MAID altogether. “I’ve been very critical of the expansion outside of the end-of-life context,” he said. Lemmens warned that determining incurability in psychiatric conditions is impossible, and a permanent legal exclusion is vital to protect vulnerable patients.
Tories Support Pause, Bloc Accuses ‘Sad Partisanship’
In their supplemental report, Conservatives supported the pause and pushed their private member’s bill C-218 to codify the exclusion of Track 2 MAID. “Since irremediability cannot accurately be predicted, (MAID for mental illness) falls outside the boundaries of Canada’s MAID regime,” the Tory report stated. “The human cost associated with terminating the life of a patient who may have gotten better presents an unacceptable risk.”
The Bloc Quebecois, however, called the report a political “180-degree turn,” arguing that strict clinical safeguards already exist. “This stems from ideological rigidity, sad partisanship, and a glaring lack of compassion,” read their submission. “To constantly hear the argument that problems with access to care drive patients to seek MAID, without any proposal for a substantial increase in health care funding, is unspeakable.”
Senators Allege Committee Bias
In a dissenting opinion, Senators Rosemary Moodie, Pamela Wallin, and Kristopher Wells accused the committee of being flawed and biased, claiming members “stacked” the witness list. “Of the invited 44 witnesses, more than two-thirds have been publicly opposed to extending MAID for persons with a mental illness,” they wrote. “Although ample witness suggestions were presented to provide perspective on Canada’s readiness, few were invited to appear.” The senators allege this bias “weakens the credibility of the recommendations,” especially for those most impacted.
