C-218FederalCriminal Justice

C-218 (45-1) - An Act to amend the Criminal Code (medical assistance in dying)

Chamber

commons

Stage

2nd Reading

Introduced

Jun 20, 2025

Progress

This bill permanently bans medical assistance in dying (MAID) for people whose sole condition is a mental disorder.

Key Changes

  • Amends the Criminal Code to explicitly state that a mental disorder is not a 'grievous and irremediable medical condition' for MAID purposes
  • Permanently removes the possibility of MAID eligibility based solely on a mental disorder
  • Overrides or coordinates with the 2021 MAID amendment act that had left open the possibility of future MAID expansion to mental illness
  • Includes coordinating amendments to ensure consistency regardless of the order in which related legislative provisions come into force

Gotchas

  • Canada has repeatedly delayed expanding MAID to mental illness as a sole underlying condition; this bill would make that exclusion permanent rather than temporary
  • The bill does not affect MAID eligibility for people with physical conditions, even if those individuals also have a mental disorder alongside their physical illness
  • Coordinating amendment provisions are included to handle potential conflicts depending on the order in which this bill and the 2021 MAID amendment act come into force
  • As a private member's bill, it has a lower likelihood of passing than government legislation, but it signals ongoing parliamentary debate on this issue
  • The bill's preamble frames mental disorder MAID as a suicide prevention concern, which reflects a particular policy perspective embedded in the legislative text

Who's Affected

  • Canadians living with mental disorders who might seek MAID
  • Psychiatrists and mental health professionals involved in MAID assessments
  • Healthcare providers and institutions offering MAID services
  • Advocates and organizations focused on mental health and suicide prevention

Summary

Bill C-218 would change the Criminal Code to make it clear that a mental disorder on its own cannot qualify someone for medical assistance in dying (MAID). Under current law, Canada has been debating and repeatedly delaying an expansion of MAID to include people suffering solely from mental illness. This bill would permanently close off that possibility. The bill was introduced by MP Tamara Jansen as a private member's bill. Its preamble states that Parliament believes vulnerable Canadians with mental health conditions should receive suicide prevention support rather than access to MAID, and that allowing MAID for mental disorders risks normalizing assisted dying as a response to mental illness. This bill affects how the Criminal Code defines a 'grievous and irremediable medical condition,' which is the legal standard someone must meet to be eligible for MAID. By explicitly excluding mental disorders from that definition, the bill would ensure that mental illness alone can never be used as the basis for a MAID request, regardless of future government decisions or delays.

Automatically generated from bill text using Claude

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