Dear Member of Parliament,
A year and a half from today, Canada will open eligibility to MAiD on the basis of mental illness alone, unless a bill is passed to stop the expansion.
This expansion comes via a sunset clause in the 2021
legislation expanding MAiD.
When originally introduced,
former Bill C-7 specifically excluded mental illness as a disease, disability or condition that would make someone eligible for MAiD. The Department of Justice
Charter Statement on Bill C-7 explained this exclusion was “based on the inherent risks and complexity that the availability of MAID would present for individuals who suffer solely from mental illness.” It provided these reasons for the exclusion:
"First, evidence suggests that screening for decision-making capacity is particularly difficult, and subject to a high degree of error, in relation to persons who suffer from a mental illness serious enough to ground a request for MAID. Second, mental illness is generally less predictable than physical illness in terms of the course the illness will take over time. Finally, recent experience in the few countries that permit MAID for people whose sole medical condition is a mental illness (Belgium, Netherlands and Luxembourg) has raised concerns. The concerns relate to both the increasing numbers of these cases and the wide range of mental illnesses in respect of which MAID has been provided."
A last-minute amendment in the Senate, later passed in the House, added a sunset clause on the exclusion of sole mental illness. Parliament passed bills in
2023 and
2024 to extend the delay.
As things currently stand, the provision excluding MAiD for mental illness alone will expire on March 17, 2027, without additional safeguards, protections or requirements in place.
This spring, the
UN Committee on the Rights of Persons with Disabilities issued a strongly worded report recommending that Canada
repeal Track 2 MAiD (for those who are not dying) including the expansion to persons whose sole underlying medical condition is a mental illness.
The EFC is opposed to MAID, believing that it fundamentally devalues human life and normalizes suicide. We are very concerned, as well, that the expansion of eligibility on the basis of mental illness will disproportionately impact marginalized Canadians and undermine suicide prevention in Canada.
Experts say that it is difficult, if not impossible, to know the trajectory of an individual patient. Suicidality and a closed view of the future are a symptom of some mental illnesses. Mental illness is complex. Treatment can be expensive and there can be a long waiting list to receive it. We have seen already that Canadians are dying under Track Two MAiD
without having received the care needed to relieve their suffering. And there is no clear way to distinguish between suicidal ideation and a desire to end one’s life via MAiD.
This expansion would also come to a system already riddled with serious problems. There are already significant issues with the vague and subjective wording in the legislation, which leads to subjective interpretation of the criteria by individual medical professionals. There is a lack of oversight for the regime, and
errors without enforcement.
As Canadians, we must make sure people have the mental health care and support they need, rather than offering death. The lives of Canadians with mental illness have value and purpose. They deserve our protection and support to live.
Please stop MAiD for mental illness alone. This is within your capacity as a parliamentarian. We urge you to
support Bill C-218 which will come up for debate and a vote this fall. Bill C-218 would remove the sunset clause and keep the exclusion of sole mental illness.
Please don’t let MAiD for mental illness alone become a reality on your watch.
Sincerely,
Julia Beazley
Director, public policy