Prime Minister Mark Carney is considering revisiting the medical assistance in dying (MAID) legislation established by former Prime Minister Justin Trudeau. This comes as public opinion in Canada shows strong support for the original MAID law introduced in 2016, which was a response to a Supreme Court ruling. Recent polls indicate that approximately 75% of Canadians support allowing adults who are competent and suffering from a grievous medical condition to seek MAID, provided they give informed consent.

However, support diminishes significantly when the criteria are expanded. Only 42% of Canadians favor including mental illness as the sole condition for MAID eligibility, while support drops to 26% for those facing societal issues like homelessness and 25% for poverty. Currently, the law mandates that MAID will be available to individuals with mental illness as the only underlying condition starting in 2027. Additionally, the 2021 expansion under Trudeau's government allows assisted dying for individuals whose death is not deemed “reasonably foreseeable,” raising concerns about societal pressures influencing these decisions.

According to Health Canada's sixth annual report on MAID, 16,499 Canadians received MAID in 2024, accounting for 5.1% of all deaths in the country. This rate is the highest globally, second only to the Netherlands. The number of MAID cases increased by 6.9% from 2023, although this growth rate has slowed compared to previous years, which saw increases of over 30%. The impact of Quebec's decision to permit advanced requests for those with neurological conditions, effective October 2024, remains to be seen.

Most MAID recipients fall under what Health Canada categorizes as Track One cases, where patients are expected to die. However, there were 726 Track Two cases, where death is not anticipated. While Track Two cases represented only 4.4% of total deaths, they accounted for a quarter of those deemed ineligible for MAID. Notably, factors such as isolation or loneliness were present in 44.7% of Track Two cases, and half of these individuals felt they were a burden to their families. Emotional distress, anxiety, and existential suffering were reported in 63.3% of Track Two cases, a significant increase from 35% the previous year.

The constitutionality of MAID for individuals with mental disorders as the sole condition has yet to be tested in court, as has the legality of Track Two provisions. Legal challenges are underway regarding both aspects. Disability advocates have brought the 2021 law's extension to the Ontario Superior Court, arguing that it perpetuates the notion that life with a disability is not worth living. In June, the United Nations Committee on the Rights of Persons with Disabilities urged Canada to repeal the 2021 law, citing violations of the Convention on the Rights of Persons with Disabilities.

As the 2027 deadline for expanding MAID to include mental illness approaches, the Trudeau government's indecision continues to draw scrutiny. The original MAID legislation faced challenges, notably in the Truchon case, where a Quebec Superior Court judge ruled that the law's interpretation was too narrow. The Liberals chose not to appeal this decision and subsequently broadened access to MAID, but they explicitly excluded mental illness, citing concerns over the reliability of mental health screenings.