Parliament recommends pausing MAID expansion for mental illness

A special parliamentary committee will recommend that the federal government indefinitely pause the expansion of medical assistance in dying for people whose sole underlying condition is a mental illness, CBC News has confirmed.

The expansion of MAID is set to take effect March 17, 2027, unless Parliament intervenes. The Special Joint Committee on Medical Assistance in Dying, with members from the Senate and House of Commons, conducted a comprehensive review since February to assess Canada's readiness.

The committee's report, expected to be tabled in the House of Commons Wednesday, will contain a single recommendation: "That the Government of Canada amend the Criminal Code to indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying on the grounds that the evidentiary and systemic conditions necessary for safe and equitable implementation cannot presently be met."

All Liberal and Conservative MPs on the committee agree there should be an indefinite pause, along with joint chair Senator Yonah Martin. However, the remaining senators on the committee want the MAID expansion to proceed, with at least one dissenting report expected to ask for a Supreme Court reference — an advisory legal opinion the federal government can request.

The Bloc Québécois vice-chair will also issue a dissenting opinion. The majority of committee members believe the Canadian legal and health-care systems are not equipped to respond to the expansion solely for mental illness. The committee was particularly persuaded after hearing about experiences in European countries that allowed MAID for mental illness, including the Netherlands, Belgium, and Luxembourg — a pattern emerged of people requesting MAID who had experienced trauma, poverty, and lacked social support.

Justice Minister Sean Fraser, taking the lead on responding to the report, is not expected to release an immediate decision but will likely respond by July 11. The federal government will have to introduce new legislation to indefinitely pause the expansion or defer it for another two years.

More than 76,000 Canadians have used MAID since it became legal in 2016. Court challenges related to MAID for mental illness could eventually reach the Supreme Court of Canada, which would have the final say on the matter.