Medical Assistance in Dying (“MAiD”) is already available in Canada but it was set to become more accessible. Canadians whose only medical condition is a mental illness, and who otherwise met all eligibility criteria set out in the MAiD legislation, were going to become eligible for MAiD following March 17, 2023. We had previously blogged on this topic here.
This decision had been causing controversy amongst various constituencies in Canada. So much so that, on December 15, 2022, the Government of Canada issued a statement from David Lametti, Minister of Justice and Attorney General of Canada, Jean-Yves Duclos, Minister of Health, and Carolyn Bennett, Minister of Mental Health and Addictions, which said that:
“Under the current MAiD law, eligibility for MAiD will be expanded to persons whose sole medical condition is a mental illness as of March 17, 2023. Listening to experts and Canadians, we believe this date needs to be temporarily delayed.” The statement went on to say that the government plans to work with their “parliamentary colleagues in the House of Commons and the Senate to negotiate an extension of the March 17, 2023 eligibility date.” This extension legislation was introduced by Mr. Lametti on February 2, 2023, when a bill seeking to delay extending the eligibility until March 17, 2024 was tabled. The government will now have six weeks to pass the new legislation.
Some think this delay shouldn’t be happening at all. Dr. Mona Gupta believes the federal government has already followed through on its commitment to study the expansion of MAiD. She argues that further delay is not necessary, as the Expert Panel final report tabled by the Government of Canada has determined that the proper safeguards are in place for the change to go ahead on March 17.
Her argument relies on this final report provided to Parliament by the Expert Panel on MAiD and Mental Illness on May 13, 2022. This report set out 19 recommendations for establishing a MAiD regime that addresses questions that may arise in MAiD requests, and particularly where the person requesting MAiD is not at risk of dying of natural causes in the near term. It included concerns over incurability, irreversibility, capacity, suicidality, and the impact of structural vulnerabilities.
On the other hand, institutions such as CAMH, Canada’s largest mental health teaching hospital and one of the world’s leading research centres in its field, actively advocated for the government to delay this eligibility, publicly expressing concerns with the extension of MAiD eligibility to people whose sole medical condition is mental illness. CAMH’s main concern is the lack of agreement amongst experts on whether mental illness can be considered ‘grievous and irremediable’ for the purposes of MAiD, and what criteria should be used in determining if a person is suffering from an irremediable mental illness. They also cite disagreement amongst experts on whether a request for MAiD can be distinguished from suicidal intent and various other concerns regarding the limited access to mental health care resources across Canada.
Additionally, the Canadian government has received significant criticism recently as it was discovered that as many as four military veterans were offered MAiD by a now-suspended Veterans Affairs caseworker.
What comes of this delay is yet to be seen, but it is clear that MAiD will continue to be a contentious issue in Canada. We will continue to update you on this issue, as it will begin intersecting with and affecting the world of estates and estate planning.
Thank you for reading.
Ian Hull and Geoffrey Sculthorpe