Canada Committee Urges Indefinite Ban On Assisted Dying For Mental Illness (Worthy News In-Depth)

by Stefan J. Bos, Worthy News Chief International Correspondent

OTTAWA/BRUSSELS/AMSTERDAM (Worthy News) – A new Canadian parliamentary committee report recommends that people with mental illness should be “indefinitely excluded” from eligibility for assisted dying, a recommendation that could set a precedent for other liberal countries dealing with this issue.

The report, submitted by a joint House and Senate committee, highlights concerns over access to mental health care and warns that predicting recovery from mental illness remains difficult. Therefore, the committee recommends “That the Government of Canada amend the Criminal Code to indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying,” said the report obtained by Worthy News.

The recommendation follows months of hearings involving medical experts, advocates, and international specialists as Canada weighs whether to expand its Medical Assistance in Dying (MAID) regime to people whose only medical condition is a mental illness.

The committee’s 98-page report contains a single recommendation: that people suffering solely from mental illness remain permanently excluded from the country’s MAID program.

Canada first legalized assisted dying in 2016 for terminally ill adults whose deaths were considered reasonably foreseeable. The law was later expanded to include people suffering from chronic illnesses even when death was not imminent.

MENTAL ILLNESS CONCERNS

Lawmakers noted that one recurring concern raised during testimony was the difficulty of determining whether a person suffering from mental illness may improve over time.

Dr. Sonu Gaind, a professor at the University of Toronto who testified before the panel, argued that doctors cannot reliably predict when a mental illness will not improve.

“Assessors cannot predict when a mental illness won’t improve,” he said, warning that expanding MAID eligibility could result in suicidal people receiving assistance in dying despite the possibility of recovery.

Plans to extend eligibility to those whose sole condition is mental illness have already been delayed twice and are currently scheduled to take effect in March 2027.

The debate is being closely watched internationally. Countries including Belgium, Netherlands, and Luxembourg permit euthanasia or assisted dying in certain cases involving psychiatric suffering.

BENELUX EUTHANASIA LAWS

All three nations are members of the Benelux grouping of Western European countries, which promotes political and economic cooperation among Belgium, the Netherlands, and Luxembourg.

One of the best-known Belgian cases involved a 24-year-old woman identified publicly only as Laura, who was approved for euthanasia after years of severe psychiatric illness, including depression and persistent suicidal thoughts. Her case drew international attention because she was physically healthy and relatively young.

Belgium continues to allow euthanasia for psychiatric suffering under strict legal conditions, requiring multiple medical assessments and a determination that the suffering is unbearable and cannot be alleviated.

In the Netherlands, euthanasia is also permitted in exceptional cases involving psychiatric disorders, although physicians must meet strict due-care criteria and conclude that there is no reasonable alternative to relieve a patient’s suffering.

Luxembourg likewise permits euthanasia and physician-assisted dying under tightly regulated conditions, including for some patients suffering from severe and incurable psychological disorders.

COMMITTEE DIVIDED

In Canada, not everyone on the parliamentary committee agreed with the recommendation to exclude people with mental illness from MAID.

Several members published a dissenting report, arguing that the review process was flawed and disproportionately favored witnesses opposed to expanding MAID.

Senator Kristopher Wells of Alberta said the process was “fundamentally flawed” and questioned the reliability of the committee’s conclusions.

Critics of the proposed exclusion also argue that preventing people with mental illness from accessing MAID may violate Canada’s Charter of Rights and Freedoms.

LEGAL CHALLENGES GROW

Several legal challenges are already underway.

One of those cases involves Claire Brousseau, a Toronto resident with bipolar disorder and post-traumatic stress disorder who is seeking access to assisted dying through the courts.

Prime Minister Mark Carney has not publicly stated whether his government will accept the committee’s recommendation. Ottawa must formally respond to the report by July 11.

Any further delay of the planned 2027 expansion would likely require new legislation.

The debate remains deeply divisive in Canada, where MAID accounted for about 15,300 deaths in 2023, representing roughly five percent of all deaths nationwide.

CANADA AWAITS DECISION

Public support for assisted dying remains strong overall. However, recent polling suggests support falls sharply when mental illness is the sole underlying condition, with only about 42 percent of Canadians backing such an expansion.

Supporters of the committee’s recommendation say it could save lives by ensuring vulnerable people receive treatment rather than assistance in dying. Opponents maintain that permanently excluding those suffering solely from mental illness denies them equal rights under Canadian law.

The controversy highlights a broader debate facing many Western democracies: whether safeguards designed for terminal physical illnesses can be safely applied to mental illness, where the possibility of recovery often remains uncertain and deeply contested among medical professionals, lawmakers, and patients.

The outcome could influence similar debates in other countries, including the United Kingdom and several European nations, where lawmakers continue to wrestle with the ethical and legal boundaries of assisted dying.

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