An Act to amend the Criminal Code (medical assistance in dying)

This bill, introduced as Bill C-218, would change the Criminal Code's rules on medical assistance in dying (MAID) so that a mental disorder can never, on its own, count as a "grievous and irremediable medical condition" that qualifies someone for MAID. In effect, it would permanently rule out mental illness alone as a valid basis for accessing medical assistance in dying in Canada.

The bill's preamble explains the reasoning behind this change: Parliament, in passing this bill, would be stating that it sees adequate mental health supports and suicide-prevention counselling as priorities for vulnerable Canadians, and expresses concern that allowing MAID for mental disorders risks normalizing assisted death as a response to mental illness rather than treatment.

The final section of the bill deals with technical coordination. Because a related, earlier law (passed in 2021) contains a similar exclusion for mental disorders that was scheduled to take effect at a later date, this bill includes rules to make sure the two laws work together properly no matter which one comes into force first, so that the end result is the same either way: mental disorders alone would not qualify a person for medical assistance in dying.

This bill amends the Criminal Code to state that a mental disorder is not a grievous and irremediable medical condition, permanently excluding mental disorder alone from qualifying a person for medical assistance in dying under subsection 241.2(2).

• Legal effect — the Criminal Code would be changed so that, for the purposes of medical assistance in dying eligibility, a mental disorder cannot count as a "grievous and irremediable medical condition," regardless of severity or duration.
• Who is affected — Canadians whose sole underlying condition is a mental disorder would be excluded from eligibility for medical assistance in dying on that basis alone.
• Coordination with existing law — the bill includes provisions to reconcile its wording with a similar exclusion already passed in a 2021 Act, depending on which provision comes into force first, ensuring only one version of the exclusion applies.
• Discretion or new bodies — none created; the bill does not establish any new office, regulator, or discretionary decision-making power. It is a direct textual amendment to existing criminal law.
• Future regulation — none contemplated in the text; the change is self-contained within the Criminal Code section itself.
• Oversight — no reporting, review, or sunset mechanism is included; the exclusion would remain in force indefinitely unless Parliament amends it again.