Canada’s Assisted Dying Law Faces Constitutional Fight for Excluding Mental Disorder
The Canadian government’s assisted dying law is facing a constitutional challenge for excluding individuals with mental disorders. The law, which was passed in 2016, allows for medical assistance in dying (MAID) for individuals who are suffering from a grievous and irremediable medical condition that causes enduring and intolerable suffering.
However, the law specifically excludes individuals whose sole underlying condition is a mental disorder. This means that individuals with conditions such as severe depression or bipolar disorder are not eligible for MAID, even if their suffering is deemed to be intolerable.
This exclusion has sparked a legal battle, with two individuals and the British Columbia Civil Liberties Association (BCCLA) filing a lawsuit against the federal government. They argue that the exclusion of mental disorders violates the Canadian Charter of Rights and Freedoms, which guarantees equal treatment and protection from discrimination.
The plaintiffs argue that the current law discriminates against individuals with mental disorders, as it denies them the same right to a peaceful and dignified death that is afforded to those with physical conditions. They also argue that the law perpetuates the stigma and discrimination against individuals with mental illness.
The BCCLA, which has been advocating for the inclusion of mental disorders in the assisted dying law since its inception, believes that the exclusion is unconstitutional and goes against the principles of autonomy and dignity.
On the other hand, the federal government argues that the exclusion is necessary to protect vulnerable individuals from being coerced into ending their lives. They also argue that the issue is complex and requires further study and consultation before any changes can be made to the law.
The case is set to be heard in the Supreme Court of British Columbia in November, and it has the potential to impact the lives of many Canadians who are suffering from mental disorders.
In the meantime, the federal government has announced that it will be conducting a review of the assisted dying law, including the exclusion of mental disorders. This review is expected to be completed by the end of 2021.
The outcome of this legal battle and the government’s review will have significant implications for the rights and choices of individuals with mental disorders in Canada. It is a complex and sensitive issue that requires careful consideration and a balance between protecting vulnerable individuals and respecting the autonomy and dignity of all Canadians.
