Canada's euthanasia program now in a constitutional fight to include those with mental illness

A man with worsening mental health issues is challenging the federal government's assisted dying law, known as Medical Assistance in Dying (MAID), which currently excludes individuals suffering solely from mental disorders.

The legal challenge, led by Dying with Dignity, was filed in Ontario Superior Court, arguing that the exclusion is discriminatory.

Imagine living in a province where the health care system has failed you so much that you are considering opting to be euthanized, aka receiving medical assistance in dying (MAID).

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John Scully, one of the plaintiffs, is a former war correspondent suffering from post-traumatic stress disorder, depression, and anxiety, all exacerbated by sleep deprivation. He reports that his condition is deteriorating daily, both mentally and physically.

The Liberal government announced a delay in February 2024 for the planned expansion of the assisted-dying law, which would have included people with mental disorders starting in March. This expansion has now been postponed until 2027.

Scully and Dying with Dignity argue that the exclusion of mental health violates Section 7 of the Canadian Charter of Rights and Freedoms, concerning the right to life, liberty, and security. The group also contends that the exclusion violates the right to equality under the law.

Rebel News' @SheilaGunnReid joined Fox News' Laura Ingraham (@IngrahamAngle) to discuss Canada's alarming expansion of the medical assistance in dying program (MAID).https://t.co/PoHbG4kDxW

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The Liberal government initially passed its euthanasia law in 2016 and amended it in 2021 to include those with mental disorders, with an effective date delayed until March 2023, which was further delayed after concerns were raised to allow for “additional time to prepare for the safe and consistent assessment and provision of MAID where the person’s sole underlying medical condition is a mental illness and allow time to consider the Special Joint Committee on MAID’s final report.”

Conservative Leader Pierre Poilievre has pledged to cancel the expansion if his party wins the next election. Others, including researchers, have raised concerns that the program is being abused by doctors.

Poilievre takes aim at Trudeau for pushing MAID onto Canadians whose sole underlying condition is mental illness.

"Justin Trudeau has once again pursued a radical agenda." https://t.co/sQ4CRURfsm pic.twitter.com/uExuAud1IM

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Helen Long, CEO of Dying with Dignity Canada, expressed disappointment that the courts are now being relied upon to compel the government to enact its legislation, attributing delays to a lack of "political will."

"The fact that they have been forced to wait and then given a promise and given a promise and given a promise — that's what makes it so difficult for them to continue to soldier on and wait for an assessment," she said.

Scully mentioned that sleep deprivation is pushing his mental state to the edge, causing him to fear committing suicide, a fate he has attempted twice before: "Every day it gets a little closer," Scully said. "I don't want to, because I know the horror and the grief it causes the survivors. Death by suicide is awful, just awful, for the ones left behind."

Long anticipates the court process will be lengthy but hopes it will allow individuals like Scully to be assessed for assisted dying once the case is heard.

Scully noted that he had been interviewed by two clinicians who assess patients for assisted dying and would be eligible if the expansion were already in place.