Canada indefinitely suspends access to assisted death for people with mental illnesses

The Canadian government announced Wednesday the indefinite suspension of plans to expand access to medical assistance in dying for people whose sole medical condition is a mental illness. The measure abandons a plan that would have allowed this category of patients to request the procedure starting in March 2027, citing a lack of consensus on eligibility criteria.

Justice Minister Sean Fraser said this is the right approach at this time. The government will introduce a bill in the coming weeks to suspend the expansion, following a recommendation from a parliamentary committee. The committee called for the indefinite exclusion of people with mental illnesses as their sole condition and urged improved access to mental health services.

The decision is being challenged by supporters of the expansion, who argue that the exclusion violates constitutional rights and limits equal access to medical care. A case before the federal courts could ultimately reach the Supreme Court.

However, the legislation will allow patients with progressive, incurable illnesses to provide advance consent for assisted dying before they are no longer able to make the decision themselves. The implementation of this provision will nevertheless depend on each province.

Assisted dying was legalized in Canada in 2016 for patients with terminal illnesses, and in 2021 access was expanded to people with incurable conditions, even when death was not imminent. The expansion to include mental illnesses was postponed twice, in 2023 and subsequently, amid medical, legal and ethical controversies.