Prime Minister Mark Carney says the decision on whether to expand eligibility for assisted dying is not a personal matter for him, but he believes the direction for the government to take is clear. Speaking in French on Friday, Carney responded to a joint parliamentary committee report that recommended indefinitely excluding people seeking assisted death solely on the basis of mental health.
Committee recommends against expansion
The committee, struck to study the issue, released its report just over a week ago. It recommended that the government 'indefinitely exclude persons' from accessing medical assistance in dying (MAID) based solely on mental illness. Carney noted the report followed extensive deliberation and numerous testimonies. 'I think it's significant,' he said in French. 'But this isn't a personal matter; it's a matter of the rights of Canadians, and the medical evidence and expert advice. So, we'll make a decision, but it seems to me the direction is clear.'
Timeline for legislative action
Members of Parliament have until July 11 to submit their opinions on the report's recommendation. Justice Minister Sean Fraser, who spoke before the report was released, has only said he would take time to read it. The House of Commons returns in late September, meaning any proposed legislative changes could not be tabled until the fall. Expanding Canada's MAID regime to include mental health has been delayed twice, with the latest deadline set for March 2027.
Background on Canada's assisted dying law
Assisted dying has been legal in Canada since 2016, following a 2015 Supreme Court ruling that struck down the prohibition on doctors assisting someone to end their life. The Liberal government initially required that a person's natural death be 'reasonably foreseeable' to qualify. However, a 2019 Quebec court decision found that criteria unconstitutional, prompting the federal government to amend the law in 2021. The amendment removed the reasonably foreseeable requirement and introduced a sunset clause for eventually lifting the prohibition on mental illness as the sole basis for MAID.
Debate over mental health exclusion
Since then, a fierce debate has erupted over the impacts of Canada's widened criteria and whether the government should proceed with lifting the mental illness exclusion. Proponents, such as Dying with Dignity Canada, argue that denying access to those with mental suffering infringes on their Charter rights, as it treats mental illness differently from physical suffering. Conversely, groups of psychiatrists contend that determining whether someone with a mental illness will never recover is nearly impossible. Disability and mental health advocates warn that expanding eligibility puts vulnerable persons at further risk and argue that the government should instead focus on providing necessary supports.
