Canada's MAID expansion faces Charter challenges in courts
As Parliament debates extending assistance in dying to those with mental illness alone, opposing lawsuits have been filed arguing the law either violates or protects disability rights.
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Canada's medical assistance in dying law is heading toward a collision in the courts, with disability advocates arguing the current framework is discriminatory while others contend expanding it further would endanger vulnerable people.
Since the Supreme Court legalized MAID in 2016, Parliament has twice broadened eligibility—first in 2021 to include people with grievous conditions whose deaths are not reasonably foreseeable (track 2 MAID), then pending a March 2027 expansion to people whose sole underlying condition is mental illness, unless the government delays a third time.
Disability advocacy group Inclusion Canada is leading a Charter challenge in Ontario court arguing that only people with disabilities are eligible for track 2 MAID, citing a UN Committee report calling on Canada to repeal track 2 and focus on disability supports. Meanwhile, law professor Jocelyn Downie and others argue extending MAID to mental illness is legally required under the Charter. Health Minister Marjorie Michel said Monday the government has no plans to change existing law. Constitutional law expert Kerri Froc said there's "a serious case to be made" that current law violates sections 7 and 15 of the Charter with respect to people with disabilities.