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Or sign-in if you have an account.Marcus Powlowski, co-chair of the Special Joint Committee on Medical Assistance in Dying, speaks to reporters on Parliament Hill, June 17, 2026. Photo by Blair Gable/PostmediaThe joint House and Senate committee studying the expansion of medical assistance in dying (MAID) has recommended a permanent exclusion of those patients whose sole condition is mental illness.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorIt’s a recommendation the government should embrace. Given the expert testimony MPs and senators heard in the spring, it was perhaps the only conclusion the committee could reach if it wanted to retain the support of the Canadian public.Back in March, K. Sonu Gaind, professor at the University of Toronto and chief of psychiatry at the Sunnybrook Health Sciences Centre, told MPs and senators that studies have shown MAID assessors have a 47 per cent accuracy rate when it comes to treatment-resistant depression.This newsletter from NP Comment tackles the topics you care about. (Subscriber-exclusive edition on Fridays)By signing up you consent to receive the above newsletter from Postmedia Network Inc.We encountered an issue signing you up. Please try again“That is worse than flipping a coin,” he said.The conclusion that there is no accurate way to diagnose whether mental illness is incurable was endorsed by the heads of psychiatry departments at 13 Canadian medical schools, all of whom called for the expansion to be halted.The majority on the special committee did not like Gaind’s odds, a feeling reflected in the report tabled late Wednesday afternoon that may halt what Gaind called “the runaway train” that was on schedule to repeal the exclusion on mental illness next March.Instead, they have accepted the contention that suicidal thinking and suffering can always be reduced put forward by Dr. John Maher of the Ontario Association For ACT and FACT, which provides community-based mental health interventions.The committee was asked to undertake a new study looking at the possible expansion of MAID, a decade to the day after the original legislation legalizing it was given royal assent.It concluded that the government should amend the Criminal Code to indefinitely exclude from access to MAID persons whose sole underlying condition is mental illness.The government has signalled that it will adopt the committee’s recommendation, effectively putting the expansion on hold, at least until the Supreme Court weighs on the constitutionality of expanding MAID further. (The Ontario Superior Court of Justice is hearing a case filed by Dying with Dignity Canada that could ultimately end up in the top court).But the committee’s recommendation was not unanimous. Three senators, plus the Bloc Québécois member, Luc Thériault, recommended the Liberal government refer the matter to the Supreme Court of Canada.In their dissenting report, senators Rosemary Moodie, Pamela Wallin and Kristopher Wells said that the committee process was “irregular and flawed” because two-thirds of the 44 witnesses were public opponents of expanding MAID. They said few witnesses with “lived” experience were invited and, consequently, the report lacked “rigour and credibility.”Having watched much of the testimony, the supposed “bias” may simply have reflected the quality of the available evidence, which is heavily skewed in favour of proceeding with caution.There were expert witnesses calling for expansion. Mona Gupta, a professor in the department of psychiatry and addictions at the Université de Montréal, argued that a consensus methodology for people with clinical disorders has been developed by the Canadian Psychiatric Association. She said clinicians from various disciplines have agreed on how to assess the relevant aspects of a mental health-based MAID request “and are prepared to do so.”But much of her time was spent arguing that it is discriminatory that people with mental illness are being denied access to MAID — as if medically assisted dying was a right. One Department of Justice official told the committee there is no right to MAID; the legislation merely decriminalizes offences if certain rules are followed.It seems inevitable that the Supreme Court will be asked to pronounce on whether a permanent exclusion is discriminatory against those with mental illness under Section 15 of the Charter, and/or inappropriately restricts their liberty under Section 7.But, as committee co-chair Marcus Powlowski wrote in an eloquent commentary, the Charter can justify such restrictions as “reasonable limitations” as provided for under Section 1. And, as he said, the fundamental difficulty, “perhaps even impossibility,” of determining the irremediability of mental suffering is a very reasonable limitation.He also pointed to other intractable issues, such as the lack of availability of mental health services — the report said one in three Canadians claim their needs for mental health care are unmet or only partially met — and the “questionable conduct” of a number of MAID providers, some of whom have taken “a seemingly cavalier” attitude toward end of life.MAID was meant to be a last resort, not death on demand. The evidence suggests we are already getting it wrongAs Powlowski said, reducing the question to Charter considerations is simply wrong, and I don’t think the public would have stood for it.Gupta’s testimony suggested an advocacy that bordered on recklessness. Conservative MP Andrew Lawton asked her if someone with an eating disorder could qualify for MAID. “Potentially,” she said. “It’s difficult to make rules about diagnosis.”The numbers suggest more than 100,000 Canadians have received MAID in the last decade. The Canadian public was overwhelmingly supportive of the original legislation. That consensus fractures when it comes to mental illness. A recent Angus Reid Institute poll suggested that those who support expansion has risen to 43 per cent, against 39 per cent who oppose. But the number who would support MAID for an eating disorder could probably be counted on one hand.The Supreme Court may prove to be the ultimate arbiter. But Parliament has to act in the meantime, since the twice-delayed expansion of what Gaind called “psychic euthanasia” is scheduled to become law next March. Without amendment, Canada is on course to join Belgium and the Netherlands among the most permissive assisted-dying regimes in the world.MAID was originally intended to relieve the suffering of those whose death was deemed “reasonably foreseeable.” In 2021, it was broadened after a Quebec court decision to cover “track two” cases: patients whose condition was deemed incurable but whose death was not “reasonably foreseeable.” The Trudeau government did not appeal that decision, instead passing legislation that included, after a two-year period, MAID for people with mental illness.In March, Gaind testified that track-two MAID cases show strong suicidal risk factors — patients feeling like they are a burden, as well as loneliness and isolation — that are impossible to filter out.Track two cases are a fraction of the overall number of MAID applicants: 4.4 per cent of 16,499 cases in 2024. But that is still 732 people. It is eminently possible that for half of them, their biggest problem was feeling suicidal.But the mistake of track two would be compounded many times over if access to MAID is expanded further.The report tabled Wednesday estimated that up to 5,000 Canadians with mental illness as their sole underlying condition might apply for medically assisted dying, if permitted.MAID was meant to be a last resort, not death on demand.The evidence suggests we are already getting it wrong. At least the committee’s recommendation, if adopted, means the state is not going to be obliged to help take more lives that could be turned around.National Post Get the latest from John Ivison straight to your inbox Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.