Your Questions about MAiD and Mental Health

Medical Assistance in Dying, known as MAiD, is a procedure in which a person choses to receive medications to intentionally and safely end their life under the care of a qualified physician. 

MAiD is always the choice of the individual and is available only to people who are deemed eligible under Canadian law.   Currently, individuals whose sole underlying condition is mental health-related are not eligible to receive MAiD. The federal government has indicated that legislative changes, which could deem this population eligible, are coming in March 2024.

MAiD is a complex issue about which clients and family members may have questions.  The Royal has put together this information to help you better understand MAiD in the context of mental health.

The Royal’s statement on MAiD: 

The Royal continues to support patients who may qualify for Medical Assistance in Dying (MAiD) by making a referral to the Champlain Regional MAiD Network and will not impede any patient’s request for MAiD as a part of their health care journey. At this time, MAiD is not provided at The Royal.

The Royal continues to uphold its values and focus on hope and recovery and its priority will be to support patients on their mental health journey. This will include providing accurate and accessible resources and information about MAiD and eliminating barriers where possible for patients seeking MAiD services. Patients will not be discriminated against or judged by a request for MAiD assessment or provision.

On February 2, 2023, the federal government announced its intent to delay legislation that would allow patients whose sole underlying condition is a mental health disease to become eligible for Medical Assistance in Dying (MAiD), until March 2024. The intent of this delay is to provide more time to develop practice standards and teaching resources, and to allow for better data collection and sharing.

The Royal is also working to determine how it will participate and operationalize services if and when the legislation changes and MAiD does become available to patients whose sole underlying condition is mental health related in March 2024. The organization has convened an internal working group, which includes client and family representation, to conduct this effort.

MAiD FAQs

What is Medical Assistance in Dying (MAiD)?

Medical Assistance in Dying (MAiD) is a procedure in which a patient is given medications to intentionally and safely end their life. Federal law governs who is eligible for MAiD, and the processes under which a patient can receive it.

What are the criteria for MAiD?

In order to be deemed eligible for MAiD, a person must meet all of the following criteria:

  • Be eligible for health insurance in Canada;
  • Be at least 18 years old and capable of making health care decisions;
  • Have a grievous and irremediable medical condition;
  • Make a voluntary request free from external pressure; and
  • Give informed consent after being informed of all other available treatments and care.

A person is considered to have a grievous and irremediable medical condition if they meet all of the following criteria: 

  • They have a serious and incurable illness, disease or disability (excluding mental illness at this time);
  • They are in an advanced state of irreversible decline; and
  • Their illness, disease or disability or state of decline causes them enduring physical or psychological suffering that is intolerable to them and that cannot be relieved under conditions that they consider acceptable

A person’s death does not need to be reasonably foreseeable for MAiD eligibility (i.e., a person does not need to be at the end of life).

What does it mean to be “capable?”

To be capable of making decisions about your health you must:

  • Understand and remember information needed to make decisions about your medical treatment, and
  • appreciate what could happen because of your decisions.

Your medical condition can change very quickly. This can cause you to lose your ability to make decisions. If you are at risk of losing capacity because of your condition, your MAiD assessor will discuss what options may be available to you.

Do I have to try all available treatments before being eligible for MAiD?

No, you do not have to go through treatment before requesting MAiD. However, the assessors will confirm that you are aware of the available and appropriate means to relieve your suffering, including counselling services, mental health and disability support services, community services and palliative care.

Will I be informed if my family member requests MAiD?

People who want to pursue MAiD are strongly encouraged to talk with their family members and those they care about, but family members/friends do not have a legal right to be informed or to intervene. Like all personal health information, decisions about MAiD are protected by privacy law and can only be shared if the person agrees.

Can people with mental illnesses access MAiD?

Currently, individuals whose sole underlying condition is mental health-related are not eligible to receive MAiD. The federal government has indicated that legislative changes, which could deem this population eligible, is coming in March 2024. 

Individuals who have a “grievous and irremediable” physical condition may be eligible under the current legislation. 

What are some of the outstanding questions related to MAiD for patients whose sole underlying condition is mental health-related?
  • What is the difference between MAiD and suicide?
  • What if a person is seeking MAiD because they cannot access mental health supports, housing or funding resources, or other health care services?
  • How is a mental illness irremediable?

All of these questions are expected key challenges that may be addressed in the upcoming legislation. There is still much disagreement amongst experts on how to answer and address these concerns. 

Does the Royal offer MAiD?

Currently, patients whose sole underlying condition is a mental illness are not eligible for MAiD, and no institutions can provide these services. The Royal does not provide MAiD on site, but can refer interested patients to the Champlain Regional MAiD Network, and provide information and resources. 

Does the Royal support MAiD for patients whose sole underlying condition is mental health-related?

The Royal continues to support patients who may qualify for MAiD by making a referral to the Champlain Regional MAiD Network and will not impede any patient’s request for MAiD as a part of their health care journey. At this time, MAiD is not provided at The Royal. 

The Royal continues to uphold its values and focus on hope and recovery and its priority will be to support patients on their mental health journey. This will include providing accurate and accessible resources and information about MAiD and eliminating barriers where possible for patients seeking MAiD services. Patients will not be discriminated against or judged by a request for MAiD assessment or provision. 

On February 2, 2023, the federal government announced its intent to delay legislation that would allow patients whose sole underlying condition is a mental health disease to become eligible for Medical Assistance in Dying (MAiD), until March 2024. The intent of this delay is to provide more time to develop practice standards and teaching resources, and to allow for better data collection and sharing. 

The Royal is also working to determine how it will participate and operationalize services if and when the legislation changes and MAiD does become available to patients whose sole underlying condition is mental health related in March 2024. The organization has convened an internal working group to conduct this effort. 

Will the Royal offer MAiD once the legislation passes?

The Royal is in the process of determining its position and role if and when the government makes changes to the MAiD legislation, making patients whose sole underlying medical condition is a mental illness eligible. We will ensure that our decision aligns with our mission, vision and values, and adheres to all legal requirements. 

Where can I get more information about MAiD?