indefinitely halting maid for mental illness
This week, the federal government announced its plan to introduce legislation to indefinitely halt the planned expansion of euthanasia (or medical assistance in dying, “MAID”) for mental illness, currently scheduled to take effect on March 17, 2027.
This decision follows the AMAD Committee’s recent recommendation to “indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying”, as previously reported.
The government will be tabling legislation this fall to maintain this exclusion on an “indeterminate basis”.
Minister of Justice, The Hon. Sean Fraser, explained: “The reasons that justified [the Committee’s] final recommendation included very real concerns about people who live in communities with inadequate access to mental-health services […]. It included testimony that we heard around a lack of consensus when mental illness is irremediable, and a series of other points that were articulated in the Committee’s report and shared with our office.”
Christian Legal Fellowship welcomes this news, which provides a direct response to CLF’s submissions and engagement since this expansion was first contemplated. CLF Executive Director and General Counsel, Derek Ross, comments:
“Offering death for mental illness risks perpetuating inequality, not alleviating it. If our laws were to entrench the idea that mental illness is so hopeless that society will sponsor death as a ‘solution’, we would be sending a message of hopelessness for every Canadian with an ‘eligible’ mental condition. Thankfully, Canada will remain a place where we unequivocally offer hope and life-affirming support to Canadians struggling with mental health, without exception. ”
decriminalizing advance consent
The federal government also announced its intention to decriminalize “advance consent” for MAID, but only in provinces and territories that pass legislation to allow this practice. This would permit individuals to consent to euthanasia in advance.
It remains to be seen how and in what circumstances advance consent would be permitted in jurisdictions across Canada. Regardless, the removal of a contemporaneous consent requirement creates the risk that individuals who have changed their minds (but struggle to or are unable to express this change) could have their lives ended without their actual consent - despite data showing that many people change their minds about MAID, even up to the last moment [1].
CLF is concerned that removing requirements for contemporaneous consent may further diminish safeguards around the provision of MAID in Canada. CLF will remain engaged on these issues as they develop, and will continue in its advocacy to uphold the equality and dignity of every life.
To stand with us in this work, see here.
[1] The Expert Panel Working Group on Advance Requests for MAID, “The State of Knowledge on Advance Requests for Medical Assistance in Dying”, Council of Canadian Academies (2018) Ottawa (ON), ISBN: 978-1-926522-51-7 at 173 and 176 [Advance Requests CCA Report].
Further reading
Learn more about CLF’s longstanding advocacy and concerns around Canada’s MAID regime
Read CLF’s letters to the Minister of Justice and Attorney General (September 2026) and to all members of Parliament (July 2026)
Read CLF’s report on the AMAD Committee’s recommendation to halt MAID for mental illness
Read more about Alberta’s new MAID Bill (royal assent received May 14, 2026), and CLF’s advocacy in this regard
Read CLF’s report on Parliament’s pause on expanding MAID for mental illness
Read CLF Lawyers’ February 2024 Open Letter to Parliament to Halt the Expansion of MAID for Mental Illness
Read CLF’s November 2023 report and its Follow-up Brief to the AMAD Committee’s Recommendation 13 (to expand MAID for mental illness)
Read CLF’s Analysis of the AMAD Committee’s February 2023 Final Report on MAID for Mental Illness
The Vulnerable Persons Standard (of which CLF is a supporting organization) 2023 submission to the AMAD Committee
Read CLF’s Analysis of the AMAD Committee’s September 2022 Interim Report on MAID for Mental Illness, and CLF’s report on its Brief (in French and English) and Background Paper submitted to the AMAD Committee in May 2022