Government to exclude people who solely suffer from mental illness from MAID

Minister of Justice Sean Fraser listens to questions during a media availability to outline next steps in the federal government’s medical assistance in dying laws, in the Foyer of the House of Commons on Parliament Hill in Ottawa, on Wednesday, Oct. 7, 2026. THE CANADIAN PRESS/Justin Tang

OTTAWA — The Liberal government says it will table legislation in the fall to indefinitely exclude people who solely suffer from mental illness from medical assistance in dying.

Justice Minister Sean Fraser said there is a lack of consensus on when mental illness is irremediable, and concern around a lack of access to mental health supports.

“While there is not a perfect consensus on this issue. We believe this is the correct approach at this particular time,” Fraser said.

The government also says that legislation will decriminalize advanced requests for people who are diagnosed with a serious illness, who may lose the capacity to consent to medical assistance in dying in the future.

But it says the provinces will decide whether to provide advance requests.

In Quebec, a person with a serious and incurable illness like Alzheimer’s can already request MAID, months or years before their condition leaves them unable to consent.

But in Alberta, the government has already said it will not permit advance consent for MAID as part of its Safeguards for Last Resort Termination of Life Act, which passed on March 18, 2026.

This is the first time the federal government has communicated the direction it plans to take on MAID in the wake of a parliamentary committee recommending in June that it should “indefinitely pause” an expansion of the end of life procedure to people with mental disorders.

The government initially put a temporary exclusion in place for people who suffer solely from a mental illness in 2021.

This report by The Canadian Press was first published Oct. 6, 2026.

Sarah Ritchie, The Canadian Press