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Background
Medical Assistance in Dying (MAID) for individuals whose sole underlying condition is a mental illness is currently not legal in Canada.
The current temporary federal exclusion for MAID eligibility for persons suffering solely from a mental illness was imposed in February 2024 by the Trudeau government to permit more time to prepare health systems and ensure safe implementation. This marked the second delay of MAID expansion, after a previous extension from March 2023 to March 2024.
A detailed overview of the current Canadian legislative environment for MAID is available here.
Not surprisingly, a very polarized debate has developed among many Canadians over whether such conditions can be deemed irremediable – meaning impossible to remedy, correct, or cure and indicating a situation, damage, or condition that is beyond repair.