Mental Health Issues to be excluded from MAID

The federal government has introduced new legislation to establish safeguards that would allow MAID to continue in Canada, but those suffering from mental health problems would not be able to avail of MAID.

A parliamentary committee made up of senators and Members of Parliament from different parties studied the issue, heard from experts and stakeholders, and recommended the Government of Canada not move ahead with the scheduled expansion.

Today, Canada’s government introduced the MAID Safeguards Act, Bill C-41. It would establish rigorous safeguards to allow adults to consent in advance to receive MAID later, following a diagnosis of an incurable illness expected to take away their ability to make this decision. The advance request would allow their wishes to be respected even after they lose that ability, provided all requirements are met.

MAID has existed in Canada since 2016 and is available only to adults with an incurable illness who meet strict eligibility requirements. This may include someone nearing the end of their life with cancer or someone whose incurable illness is causing irreversible decline. In either case, to be eligible for MAID, a person must also be experiencing intolerable suffering and provide informed consent, among other eligibility requirements. Rigorous safeguards must be followed, including the right to withdraw their request at any time.

The MAID Safeguards Act would update Canada’s MAID law to allow adults to consent in advance to receive MAID after being diagnosed with an incurable illness expected to take away their ability to make this decision. They would give informed consent while they can still decide for themselves, so their wishes could be respected after they lose that ability. For example, an adult who is diagnosed with Alzheimer’s could specify, in advance, the circumstances in which they would want MAID later in their illness.