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Tuesday, October 27, 2026

Ottawa tables new MAID legislation, excluding people suffering solely from mental illness

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Legislation tabled on Tuesday also sets criteria for people to make what's known as an "advance request" for medically assisted death, before losing the capacity to consent due to their health condition.

Legislation also sets criteria for 'advance requests' for medically assisted death

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A man in a dark blue suit.
Justice Minister Sean Fraser had said earlier this month that Ottawa decided not to move forward with plans to expand MAID access 'in circumstances where mental illness is the sole basis.' (Justin Tang/The Canadian Press)

The federal government has tabled new legislation that excludes people suffering solely from mental illness from qualifying for medically assisted death.

Justice Minister Sean Fraser had said earlier this month that Ottawa decided not to move forward with plans to expand MAID access "in circumstances where mental illness is the sole basis."

"While there is not a perfect consensus on this issue, we believe this is the correct approach at this particular time," he said on Oct. 7.

The legislation tabled on Tuesday would amend the Criminal Code to "clarify that a person cannot receive medical assistance in dying on the basis of a mental illness."

It also would allow people to make what's known as an "advance request" for medically assisted death before losing the capacity to consent due to their health condition.

But the legislation outlines specific criteria that must be met, including being in "an advanced state of irreversible decline in capability" and "experiencing enduring and intolerable physical or psychological suffering that cannot be relieved through reasonable means."

Fraser and federal Health Minister Marjorie Michel will hold a news conference on Tuesday afternoon to discuss the legislation.

ABOUT THE AUTHOR

Jillian Kestler-D'Amours is a senior writer at CBC based in Montreal. You can reach her at jillian.kestler-d.amours@cbc.ca.

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