MAID and mental illness
Everything you need to know about medical assistance in dying for those with a mental illness as the sole underlying condition.
The basics
Medical assistance in dying (MAID) for those whose sole underlying condition is a mental illness (MI-SUMC) includes conditions that are primarily within the domain of psychiatry, such as depression and personality disorders. It does not include neurocognitive disorders, nor other conditions that may affect cognitive abilities, such as dementia, Alzheimer’s, Huntington’s, or Parkinson’s.
If your sole underlying medical condition is a mental illness, you are not eligible to apply for MAID until March 17, 2027.
No one under the age of 18 is eligible to apply for or access MAID, regardless of their diagnosis.
If you are struggling and need to speak with someone, you can connect with a crisis responder 24/7 for judgement-free support by calling 9-8-8. You are not alone.
The Special Joint Committee on Medical Assistance in Dying
On June 17, 2026, the Special Joint Committee on Medical Assistance in Dying issued its report, Medical Assistance in Dying and Mental Disorder as the Sole Underlying Medical Condition: A Complex and Challenging Conversation Among Canadians. In it, they recommend an indefinite exclusion from MAID eligibility for persons whose sole underlying medical condition is a mental illness.
The Government of Canada will now consider the report and its recommendation before it responds. Their response will likely come in the fall of 2026 or early 2027. Currently the law has not changed and the date of March 17, 2027, still stands as the date at which persons with mental illness as the sole underlying medical condition will be eligible for MAID.
Why it matters
Under Section 15(1) of the Canadian Charter of Rights and Freedoms, every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination. This includes on the basis of mental or physical disability. Excluding people whose sole underlying condition is a mental illness from assisted dying legislation is a breach of the Canadian Charter of Rights and Freedoms. That is why Dying With Dignity Canada has joined forces with legal firm Paliare Roland, Dr. Patricia Smith, and Claire Elyse-Brosseau in a legal challenge to secure equality for those whose sole underlying condition is a mental illness in Canada’s assisted dying legislation. Dying With Dignity Canada will act as public interest litigant on behalf of clinicians, patients, families, and loved ones who have been denied their Charter rights.
On May 4, 2026, Claire Elyse Brosseau, supported by Dying With Dignity Canada and legal counsel Michael Fenrick, announced that she has filed an urgent motion with the court to obtain emergency relief. She is seeking, on an urgent basis, an exemption from the discriminatory exclusion of people with the sole underlying condition of mental illness from access to MAID, an exclusion which adds to her suffering by perpetuating it.
If the motion is granted, Claire will be permitted to access MAID despite the exclusion, because she has already been found to meet all of the eligibility criteria for MAID.
What you can do
82% of people across Canada agree that with the appropriate safeguards in place, an adult with the capacity to provide informed consent should be able to seek an assessment for medical assistance in dying for a severe, treatment-resistant mental illness for which they experience intolerable suffering.
Tell your Parliamentarians to respect our end-of-life rights
Excluding individuals with mental illnesses from end-of-life choice is stigmatizing, discriminatory, and unconstitutional.
Meet with your Member of Parliament
We’ve designed a step-by-step guide to help you effectively communicate your thoughts and DWDC’s position on MAID MI-SUMC to your MP.
Learn more
Press Release: MAID MI-SUMC Lawsuit
Discriminatory exclusion of those whose sole underlying condition is a mental illness from MAID faces Charter challenge.
MAID MI-SUMC video library
Hear directly from the experts and people impacted by the exclusion of mental illness from assisted dying legislation.
2023 poll: Support for MAID for mental disorders
The findings of an Ipsos poll regarding support for MAID for a severe, treatment-resistant mental disorder for which a person experiences intolerable suffering.
Final Report of the Special Joint Committee on Medical Assistance in Dying
The Special Joint Committee was tasked with studying the degree of preparedness for a safe and adequate application of MAID where mental disorder is the sole underlying medical condition.
Interim Report of the Special Joint Committee on Medical Assistance in Dying
The Special Joint Committee was tasked with studying the degree of preparedness for a safe and adequate application of MAID where mental disorder is the sole underlying medical condition.
CAMH Medical Assistance in Dying (MAiD) and Mental Illness – FAQs
These FAQs were prepared by The Centre for Addiction and Mental Health to provide information about MAID MI-SUMC and CAMH’s position on this issue.
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