Canada Postpones Implementation of Medically Assisted Death for Mental Illness

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Implementation of Medically Assisted Death
Source: Healthline

Implementation of Medically Assisted Death: Canada has delayed the implementation of medical assistance in dying (MAiD) for patients with mental illnesses as their sole qualifying health condition.

The Health Minister of Canada, Mark Holland, initiated the parliamentary process on January 30 aimed at halting the amendment to the law that would have enabled MAiD for mental illness. At press time, it was unclear how long the delay would last. The change was originally scheduled for March 17.

The new delay to the MAiD law arises amid disagreements over the change and whether the nation’s medical community is prepared to treat such patients. Canada had previously delayed this expansion by a year from the original expected start date of March 2023.

The Special Joint Committee of Parliament on Medical Assistance in Dying published a report on January 29 that concluded that when mental health is the only underlying health condition, Canada’s medical system is not prepared for MAiD. It cited concerns about the difficulty of predicting the long-term prognosis of a patient with a mental disorder accurately. Moreover, it expressed concern about discussing MAiD with vulnerable groups, such as Indigenous patients, patients with disabilities, patients living in poverty, and patients living in geographically underserved areas.

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However, there were also dissenting comments from committee members, including Stan Kutcher, MD, professor emeritus of psychiatry at Dalhousie University in Halifax, Nova Scotia, Canada. The committee had deviated from its mandate, according to Kutcher and other dissenters, in determining whether preparedness criteria had been met. In their opinion, the committee’s recommendation for delay would reinforce the stigma associated with mental illness.

According to the authors, the paternalistic belief that competent people with mental disorders cannot make informed choices about their medical care is archaic, not aligned with reality, and condescending.

The concept of “difficult balance”

Justin Trudeau, the Canadian Prime Minister, said that seeking medical assistance when dying is a difficult decision. He emphasized that it is our responsibility as a society and as a Parliament to strike a balance between protecting the most vulnerable and respecting the rights, choices, and freedoms of individuals. Researchers and evaluators have spent several years conducting studies and evaluations, implementing measures, proposing debates, and consulting experts.

It has been permissible for clinicians to help patients end their lives since 2016. Patients who have a grievous and irremediable medical condition can receive assistance if they voluntarily request Medical Assistance in Dying (MAiD).

In addition to sedatives, doctors commonly administer heart-stopping drugs via intravenous injection to prevent deaths. These organizations are among those advocating for the expansion of MAiD to include people with mental illness as a complaint.

A Special Joint Committee of the Canadian Parliament examined medical assistance in dying last year. Approximately 400 people and organizations provided feedback, and 21 witnesses supported expanding the law.

A witness at the hearing was Shelley Birenbaum, chair of the Canadian Bar Association’s End of Life Working Group. Birenbaum expressed disappointment with the recommendations, according to Medscape Medical News.

The same agency should determine the care of mentally ill individuals as with those with physical illnesses.

The possibility of a constitutional challenge might increase if the law is delaying its expansion, according to Berenbaum. She argues that blanket prohibitions increase suffering and can be challenged as violations of the Canadian Charter.

The state of depression may improve

Canadians’ approach to mental illness is too lax, according to those who criticize the Canadian approach to MAiD. Since 2016, California has allowed terminally ill adults to obtain and self-administer aid-in-dying drugs. They cited statistics regarding MAiD in California, which has a population approximately equal to that of Canada.

In 2022, according to state data, 853 Californians died after ingesting prescribed aid-in-dying drugs. In 2022, Canada reported 13,241 medically assisted deaths.

According to Medscape Medical News, he welcomed the Canadian officials’ decision to delay MAiD.

In many cases, mental health conditions can improve with continued treatment, Maher noted. Furthermore, challenges in life can lead people to seek MAiD and claim mental illness, he suggested.

He explained that people often seek to end their lives due to despair and loneliness. If depression is the cause, therapy and medication are effective treatments.

It is also possible to receive MAiD as an alternative if people suffer from mental health conditions. Patients living in poverty may commit suicide due to an expanded MAiD law.