Support equal end-of-life rights for all Canadians
The exclusion of those with a mental illness from MAID legislation is stigmatizing, discriminatory and unconstitutional.
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 equal protection and equal benefit of the law without discrimination. This includes on the basis of mental or physical disability.
In 2021, the Criminal Code was amended to allow medical assistance in dying (MAID) for those whose natural death is not reasonably foreseeable. This change in the law was the result of a court challenge by two individuals living with disabilities, Nicole Gladu and Jean Truchon, who argued that the requirement for a person’s natural death to be reasonably foreseeable was unconstitutional. The Superior Court of Québec agreed and ruled that the reasonably foreseeable natural death criterion violated section 7 of the Charter, protecting against deprivations of life, liberty, and security of the person, and section 15, guaranteeing the right to equal protection and equal benefit of the law without discrimination.
This was a positive step forward for end-of-life rights in Canada, but the law continued to prohibit MAID for those whose sole underlying medical condition is a mental illness.
We cannot discriminate against people with mental illnesses on the basis of their diagnosis. Rather, as concluded by the Court in Truchon, “The vulnerability of a person requesting medical assistance in dying must be assessed exclusively on a case-by-case basis, according to the characteristics of the person and not based on a reference group of so-called ‘vulnerable persons.’”
A 2026 poll conducted by Environics Research on behalf of DWDC shows a strong majority (80%) 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 that causes enduring and intolerable suffering.
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Depriving someone of their legal and constitutional rights is a serious matter and should be done rarely and for as short a period as possible. MAID for mental illness as the sole underlying medical condition is scheduled to become available on March 17, 2027. In advance of this date, Parliament’s Special Joint Committee on Medical Assistance in Dying was appointed to undertake a comprehensive review relating to the eligibility of persons whose sole underlying medical condition is a mental illness to receive medical assistance in dying.
In its report, tabled June 17, 2026, the committee recommended that the government indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying. Dying With Dignity Canada strongly disagrees with this recommendation. We are also very concerned that many expert opinions and people with lived experience were not allowed to testify at hearing.
While we wait for the government to respond to this report, we urge them to put the voices of people with lived experience front and centre, and to reject the committee’s recommendation. Help us tell the Federal Government to allow MAID for mental illness.
You can add your name to our pre-written letter and tell your Member of Parliament and the Ministers of Justice and Health that you do not support the continued exclusion of those with a mental illness as sole underlying medical condition from accessing MAID.
The letter is fully customizable. If you are living with a mental illness or have close experience with a loved one who suffers/suffered from a mental illness, we encourage you to include that in your letter.
NOTE: DWDC strongly encourages increasing investments into additional supports for people with mental illnesses. At the same time, the necessary due diligence and preparatory safeguard work have been completed, and every precaution is being taken to ensure the fair, thoughtful and balanced treatment of those living with mental illnesses.
Empower. Inform. Protect your rights.