Canada May Still Euthanize People Who are Mentally Ill
Key Issues:
- The Canadian government defeated Bill C-218 and promised to introduce a bill to prevent euthanasia for mental illness as a sole criteria. The bill must become law before March 17, 2027.
- Dying with Dignity and Claire Brosseau launched a court case demanding that the court legislate from the bench to permit euthanasia for mental illness.
On October 7, 2026, Bill C-218, the private members bill that was sponsored by Tamara Jansen (MP) was defeated in parliament by a vote of 187 to 141. Bill C-218 would have amended the Criminal Code to prevent euthanasia for mental illness as a sole criteria.
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The defeat of Bill C-218 was related to the announcement on October 7 at 12 noon by Justice Minister Sean Fraser and Health Minister Marjorie Michel promising that the federal government will introduce legislation this fall that will prevent the implementation of euthanasia for mental illness as a sole criteria. However, the government legislation will also permit euthanasia by advanced request.
Euthanasia by advanced request is a dangerous concept as it would permit doctors and nurse practitioners to kill someone who is incompetent, based on an advanced request.
We have not seen the language of the government bill, but even if the bill actually prevents (MAiD) euthanasia as a sole criteria it will not end the issue.
The AMAD Committee decided that Canada should not implement euthanasia for mental disorders as the sole underlying medical condition on March 17, 2027. The report concluded:
That the Government of Canada amend the Criminal Code to indefinitely exclude persons whose sole underlying medical condition is a mental illness from eligibility for medical assistance in dying.
It is great news that the AMAD Committee decided that Canada should not implement euthanasia for mental illness, but the battle has only begun.
It is important to note that euthanasia for mental illness, as a sole criteria, is currently scheduled to be implemented on March 17, 2027. The government is facing a time-line to pass their legislation.
Euthanasia for mental illness, as a sole criteria – Brosseau court case.
Dying with Dignity, a death lobby group, and Claire Brosseau, launched a court case demanding that the court legislate from the bench to permit Claire Brosseau to be killed by lethal poison based only on mental illness. If the court approves euthanasia for Brosseau, that would entitle others with mental illnesses to be killed by euthanasia.
The Euthanasia Prevention Coalition intervened in the Brosseau case to ensure that the salient arguments were offered in court.
On July 21/22, 2026 there was a hearing on the Brosseau case to deal with an “emergency” request, by Dying with Dignity and Brosseau, demanding that the court grant Brosseau an injunction to enable her to be killed by lethal poison.
Justice Carissima Mathen denied Brosseau and Dying With Dignity a lethal injunction but Mathen initiated a time-line for a full-hearing on the case that will may be heard in March 2027.
Even if the government passes a bill that clearly prevents euthanasia for mental illness the Brosseau court case may legislate from the bench and force parliament to permit euthanasia for mental illness as a sole criteria. Clearly, the Brosseau court case is very important.
The Euthanasia Prevention Coalition needs your financial support to continue our intervention in the case. The preparation and involvement in the July hearing cost around $50,000 and a full-trial, which may happen next Spring, will cost much more. (Donation Link).
From their the case will likely be appealed to the Ontario Court of Appeal and from their to the Supreme Court of Canada. Help us continue the battle (Donation Link).
