False Claim: You Can Access MAiD for Mental Illness Without Treatment

During the second reading of Bill C-218, MP Tamara Jansen suggested that a person with no prior access to mental health care—seeing a psychiatrist for the first time—could potentially be found eligible for MAiD. That claim is simply not true. It reflects a fundamental misunderstanding of how MAiD eligibility is assessed in Canada.

This is particularly concerning given that Jansen is the sponsor of this bill and a participant in ongoing discussions about MAiD. At a minimum, Canadians should expect that those shaping legislation on such a complex and sensitive issue are accurately representing how the system actually works.

To qualify for MAiD, a person must meet strict legal criteria set out in the Criminal Code, including having a serious and incurable illness, being in an advanced state of irreversible decline, and experiencing enduring and intolerable suffering. These are not determinations that can be made without treatments first being explored. Establishing incurability and irreversibility—particularly in the context of mental illness—requires a comprehensive, longitudinal assessment of a person’s condition and treatment history.

In addition, MAiD assessments involve multiple independent clinicians, and in cases where natural death is not reasonably foreseeable, there is a minimum 90-day assessment period. These safeguards exist precisely to prevent the kind of scenario being described.

Statements like this do not reflect the reality of MAiD practice in Canada and risk misleading the public about how eligibility is determined.

For a more detailed breakdown, you can read our full article here:
https://maidincanada.substack.com/p/maid-for-mental-illness-what-the