TORONTO, ON — The Canadian Civil Liberties Association (CCLA) is concerned by the federal government’s announcement to introduce legislation to indefinitely exclude people whose sole underlying medical condition is a mental illness from accessing Medical Assistance in Dying (MAiD). CCLA welcomes provisions that would permit advanced requests. However, the blanket exclusion of people whose sole underlying condition is psychiatric is discriminatory and raises serious equality concerns.
“We recognize the need for robust safeguards when it comes to MAiD eligibility, particularly where there are concerns about vulnerability, coercion, or the adequacy of available social supports,” said Howard Sapers, Executive Director of the Canadian Civil Liberties Association.
“Those concerns cannot be addressed by permanently excluding MAiD access to individuals based solely on the nature of their underlying medical condition. Rights protections and safeguards must work together through individualized assessments.”
Everyone should have meaningful access to appropriate care, treatment, accessible housing, income security, disability supports, and community based services. The systemic failures and inadequate funding in these areas must be addressed. They do not justify permanently denying people whose sole underlying medical condition is a mental illness access to a medical choice available to others.
“Denying MAiD eligibility to people whose sole medical condition is psychiatric is discriminatory,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association.
“The Charter protects the autonomy, dignity, and equality rights of people living with mental illness. A blanket exclusion treats people differently based solely on the nature of their disability rather than allowing for an individualized assessment of their circumstances.”
CCLA urges the federal government to reconsider a blanket and indefinite exclusion of a class of legally competent adults from accessing end of life care. The government should instead pursue a rights-respecting framework for MAiD access grounded in individualized assessment, meaningful safeguards, rigorous oversight, and respect for autonomy and equality.
