Sean Fraser has indefinitely delayed the expansion of MAiD for mental illness as the sole underlying medical condition, but would like to allow ‘advance requests’ for euthanasia.
The Liberal government continues its slide down the slippery slope of Medical Assistance in Dying (MAiD) – though their progress has been slowed, somewhat, by widespread resistance to their planned expansion of MAiD for people with mental illness alone.
First the good news. The federal government announced October 7 that it will indefinitely delay the expansion of MAiD for mental illness as the sole underlying medical condition.
Justice Minister and Attorney General Sean Fraser stated in Parliament October 30:
[W]e have determined that the best path forward is to maintain the exclusion for medical assistance in dying where mental illness is the sole underlying medical condition that would justify access to this health service. . . .
The reasons cited in the report, which were reflected in our engagement over the course of the summer in particular, include some real concerns from the medical profession about a lack of consensus when it comes to the irremediable nature of mental illness.
We have also heard clearly from Canadians the serious discomfort they hold in circumstances where they have inadequate access to mental health services at a community level, as we engage in a conversation about medical assistance in dying for people who would benefit from those services.
(On October 7 the Liberals voted against a private members bill introduced by Tamara Jansen, MP for Cloverdale-Langley City, which would itself have banned euthanasia solely for mental illness. I wrote about it here.)
Then the bad news.
The Evangelical Fellowship of Canada addressed the issue in their November 10 Update Newsletter:
A new government bill on euthanasia is moving quickly through the House of Commons. Bill C-41, the Medical Assistance in Dying Safeguards Act, was introduced on October 27, 2026. The bill makes two significant changes to the criminal law on MAiD. It would stop the expansion of MAiD for mental illness, scheduled to take effect in March 2027.
The Parliament of Canada temporarily excluded individuals whose sole underlying medical condition is a mental illness from MAID through Bill C-7 in March 2021. That temporary exclusion has been extended to March 2027.
As Fraser put it October 30:
As a result of the last debate in Parliament about five years ago, there was an exclusion of medical assistance in dying for cases involving solely mental illness. It was subject to a timeline that is set to expire in March of next year. Without action, this timeline will elapse, and the protections that are currently in place will evaporate.
The EFC statement continued:
The EFC welcomes this change. People living with mental illness need care and hope, not access to death.
However, the bill would also allow advance requests for MAiD. With an advance request, a person sets out the criteria to be met for their life to be ended by MAiD in the future, when they can no longer consent. The EFC opposes advance requests.
We believe they further devalue life, entrench discrimination against people with disabilities and put people who are vulnerable at risk. They also leave others to interpret the wishes of people living with dementia and other cognitive disabilities, who are among the most vulnerable in our communities.
The House of Commons is on a break week and is scheduled to continue debate on Bill C-41 on November 16. Please contact your local MP to share your concerns and pray for all MPs as they consider this bill. The EFC is engaging with parliamentarians and will continue to share updates and resources at TheEFC.ca/C41.
Cardus, the non-partisan Christian think tank, released a statement the same day as Fraser’s initial (October 7) announcement. While encouraged by the decision to regarding mental illness, they wrote:
We are, however, concerned to hear about the government’s intention to expand MAiD access through ‘advance euthanasia requests‘ for serious illnesses. It is unclear if this change will be limited to neurological conditions such as Alzheimer’s or dementia, or if it will apply to all serious illnesses and disabilities.
This change would heighten the risks of MAiD provision for patients and providers. Further, it would compromise, rather than protect, informed consent, which is a core safeguard in the current MAiD regime by undermining the present agency of a patient in favour of their past decision.
The Government of Canada has an opportunity to show leadership in their support for Canadians suffering from any serious and irremediable diseases, illnesses or disabilities through increased investments in mental health care, palliative care and social supports.
A November 3 article on The B.C. Catholic site notes that, as in the case of MAiD related to mental illness, there is limited time for response:
The clock is ticking on newly tabled Bill C-41, the MAiD Safeguards Act, with debate taking place in Parliament just days after the legislation to pause euthanasia access for individuals solely experiencing mental illness and decriminalize advance directives was introduced.
Three days after the federal government tabled Bill C-41, it was debated for the first time at second reading October 30. This nods to the reality the bill must navigate committee review, advance through the House of Commons and make its way through the Senate before March 17, 2027, to nullify medical killing from automatically broadening. And there are 10 weeks of adjournment from Parliament Hill scheduled between November 9 and that date.
While applause greeted the move to stop MAiD for those solely with a mental illness, opposition is already mobilizing, inside and outside the House of Commons, against allowing advance requests for a medically assisted death.
Organizations such as the Euthanasia Prevention Coalition, ARPA Canada, the Evangelical Fellowship of Canada and others are urging their supporters to oppose the federal government’s Bill C-41.
Some groups which support the expansion of MAiD are disappointed both with the government’s decision not to allow MAiD solely for mental illness and with Bill C-41.
An October 27 release from Death With Dignity notes that because “legislation also requires individual provinces and territories to pass legislation creating a repository or storage system for advance requests . . . At best, Bill C-41 will create a patchwork of systems across the country, thus further increasing inequity in MAID access.”