Dying With Dignity Canada (DWDC) has joined forces with Paliare Roland, Claire Elyse Brosseau, and John Scully in a court challenge to secure equality for those whose sole underlying condition is a mental illness in Canada’s assisted dying legislation. As part of its mandate to defend human rights by advocating for assisted dying rules, DWDC is challenging that excluding those with mental illnesses is against the Canadian Constitution and Charter of Rights and Freedoms.
Currently, people with longstanding, treatment-resistant mental illnesses are excluded from the ability to apply and be assessed for MAID because of their illness. Canadian Parliament has said that “a mental illness is not considered to be an illness, disease or disability.” At first, this exclusion was only meant to last a year. It was then extended for an additional two years. In March 2024, it was extended for a further three years.
In total, this is a six-year delay and denial of constitutional rights for suffering people across Canada. The continued exclusion reinforces the stigma and historic prejudice against people with mental illnesses. It violates section 15 of the Charter by discriminating on the basis of the type of disability experienced. It also violates section 7 of the Charter by denying people with a mental illness the freedom to make fundamental decisions about their body and life.
DWDC will act as public interest litigant on behalf of clinicians, patients, families, and loved ones who have been denied their Charter rights.
Canada