A Bridge Over Troubled Waters: Should Canada Allow Mental Illness as the Sole Underlying Medical Condition for Accessing Medical Assistance in Dying?

Abstract

Canada’s Medical Assistance in Dying (MAID) regime was set to expand its eligibility criteria on March 17, 2024, to allow mental illness as an acceptable sole underlying condition (MAID MI-SUMC) until Bill C-62 rapidly received Royal Assent in late February 2024, delaying this expansion until March 17, 2027. Those who oppose allowing mental illness as a sole condition for MAID often cite fears of what would happen in Canada should MAID MI-SUMC become legal. However, proponents counter these claims with relevant facts, statistics, and information to demonstrate that MAID MI-SUMC can be effectively incorporated in Canada. This study uses evidence from countries with MAID but that do not allow MI-SUMC (Australia, New Zealand, and the United States), and countries with MAID MI-SUMC (the Netherlands, Belgium, and Luxembourg) to examine why these countries oppose and allow this legislation, respectively. Using this evidence, this Thesis then focuses on the Canadian context to address the concerns of opponents on why they are adamant that MAID MI-SUMC should not become an acceptable part of Canada’s MAID regime. Incorporating studies conducted by proponents and evidence from permissive jurisdictions helps to find that opponents’ fears are unsubstantiated. Using a rights-based approach, this Thesis observes that the rights of individuals who solely suffer from a mental illness and wish to access MAID are infringed upon, resulting in a call for legislative changes to occur.