:
I call this meeting to order.
Welcome to meeting number seven of the Special Joint Committee on Medical Assistance in Dying.
Pursuant to the order of reference of the Senate chamber adopted on February 26, 2026, and the order of reference of the House of Commons adopted on February 13, 2026, the special joint committee is meeting to study the eligibility of medical assistance in dying for those whose sole condition is mental illness.
Today's meeting is taking place in a hybrid format, pursuant to the Standing Orders. Members are attending in person in the room and remotely using the Zoom application. I would like to confirm that the sounds tests were done successfully.
Before we continue, I will ask all in-person participants to consult the guidelines written on the cards on the table.
I would like to make a few comments for the benefit of the witnesses and members.
First, please wait until I recognize you by name before speaking. For those participating by video conference, click on the microphone icon to activate your mic, and please mute yourself when you are not speaking.
For those on Zoom, at the bottom of your screen, you can select the appropriate channel for interpretation: floor, English or French. For those in the room, you can use the earpiece and select the desired channel.
This is a reminder that all comments should be addressed through me, the chair.
For members in the room, if you wish to speak, please raise your hand. For members on Zoom, please use the “raise hand” function. The clerk and I will manage the speaking order as best we can, and we appreciate your patience and understanding in this regard.
Before we begin, I'll remind you that for the last hour today, we will meet in camera to give drafting instructions to our analysts for our report.
Now, we welcome our witnesses today. All of them are joining us all the way from Holland.
I believe you may have a World Cup team that's coming over here. Until then—until we actually oppose each other on the field—we're friends.
I would like to welcome Dr. Jim van Os, professor of psychiatry; Dr. Wilbert van Rooij, another psychiatrist; and Dr. Sisco van Veen, yet another psychiatrist. I'm sorry. That's all the information they sent us.
Try to finish your remarks within five minutes. I will hold up a piece of paper—I don't know whether you'll be able to see it—when there are about 30 seconds left.
To begin, we have Dr. van Os for five minutes, please.
:
Thank you very much, honourable committee members, for inviting me.
I am a professor of psychiatry at the Utrecht University Medical Center and a fellow of King's College in London. I advise the Dutch government on the current transition of our mental health services. In that capacity, I lead social trials of a new form of mental health care in a direction that bears directly on the question before this committee.
The Dutch experience, in my opinion, offers a warning for Canada. For 20 years, our euthanasia law left psychiatric cases largely untouched. However, over the past decade, a small group of activist physicians and organizations built a practice through sustained media campaigns. In 2024, the Dutch expertise centre for euthanasia received around 5,000 requests, with roughly 1,000 on psychiatric grounds. Among people under 30, requests rose from about 30 per year to nearly 900 in six years, and completed euthanasia rose fivefold. This pattern has been widely interpreted as a so-called suicide contagion effect, which is amplified by the institutions that should safeguard against it.
Here is a contrast that this committee should perhaps keep in mind. Under Dutch law, physicians must agree that there are no reasonable options. Euthanasia is, in principle, the very last resort. Canadian law does not work this way. In Canada, patient choice trumps the physician's professional judgment, so a doctor cannot insist that other options be tried first. That single difference will, in our assessment, drive Canadian numbers beyond ours.
In 2024, the UN Committee on the Rights of Persons with Disabilities warned that the Dutch practice was unsafe. Persons with psychosocial disabilities have a fundamental human right of protection against premature death. Euthanasia for mental suffering cannot be cleanly separated from physician-performed suicide. It is, in many cases, suicide carried out by a psychiatrist.
Our research and clinical work reveal a minefield on every side.
On autonomy, most people who request euthanasia for mental suffering are traumatized, marginalized and often living in poverty without prospects. Mental illness, by definition, compromises autonomy. Calling such a request a free expression of choice ignores the substance of the suffering.
On discrimination, the argument that refusing euthanasia for mental suffering is discriminatory equates psychiatric suffering with terminal cancer. It is a false equivalence. Cancer with a two-month prognosis is linear and progressive. Mental suffering is not. Recovery happens, often unexpectedly, through relationships, purpose, meaningful work and bonding with another person or even an animal. The patient-led recovery movement insists that recovery is possible for everyone. Plasticity is the rule.
On criteria, clinicians do not agree on irremediability, futility or competence. The result is something like a lottery. Whether you receive suicide prevention or a lethal injection depends on which clinician you meet.
On substance, recent Dutch analyses show that many who receive euthanasia are women with unaddressed trauma. Their unconscious self-destructive dynamics get enacted in the procedure. The psychiatrist becomes recruited into a deadly outcome. Tuffrey-Wijne and colleagues describe how in the Netherlands, people with autism spectrum traits increasingly receive euthanasia for what is, at its root, social suffering framed in medical language. The intervention should be social and existential, not lethal.
Psychiatry claims it can both prevent suicide in one patient and help finalize suicide in another with the same suffering. That is incoherent. It is not autonomy. It is not anti-discrimination. It is a contradiction at the heart of our profession.
My message to Canada is this: Do not expand. The evidence is not there. The UN, the International Association for Suicide Prevention and our lived experience point the same way. The social trials that we ran in the Netherlands show another path: care that builds relational continuity, hope and connectedness. That is the system worth building, not procedural pathways to death.
Thank you.
Honourable committee members, thank you for inviting me. I'm a Dutch psychiatrist. For nearly 30 years, I've worked with people with severe psychiatric disorders. In that time, I've seen mental health services in the Netherlands steadily erode, especially for those with the most complex conditions. This deepens despair and may contribute to a wish to die in some patients.
Since euthanasia was legalized in 2002, psychiatric euthanasia or MAID has gradually become normalized in the Netherlands. This trend has rapidly accelerated in the past decades.
In my practice, I now meet more vulnerable, often relatively young, patients who are, in principle, treatable. However, they request euthanasia because timely and adequate care for them has been eliminated for political and economic reasons. At the same time, a small group of activist physicians has adopted an increasingly permissive approach to MAID, often justified in the language of autonomy and compassion.
In 2024, with several colleagues, I raised the alarm about how broadly the legal due care criteria are being interpreted in psychiatric cases. The resulting debates revealed deep division and a lack of consensus among Dutch psychiatrists.
I speak today, out of care and responsibility, to warn of the dangers when structural shortages in mental health care and ideological convictions begin to shape decisions about life and death for some of the most vulnerable people in our society. Allow me to frame this with a story older than any of our laws.
When the Greek hero Odysseus finally sailed home, he was exhausted and wounded after years of war in Troy. On the last stretch, he faced the sirens, voices promising peace and an end to suffering. He knew that if he listened freely he would perish, so he asked his crew to bind him to the mast, not because he was weak but because he understood that the urge to escape pain can peak precisely when judgment is most vulnerable.
As a clinician, that image returns to me when I consider euthanasia for psychiatric patients. I have sat with many people who are tired in this Odyssean way, worn down by chronic depression, trauma or personality disorders. When they say to me, “I don't want to live anymore,” in most cases they are not asking to die. Often they are asking for pain to stop, for meaning to return and for someone to not give up on them.
For doctors, the central question can shift from “Is there still hope?” to “Have we followed the steps?” Suffering becomes something to be assessed, documented and, ultimately, validated by death.
Psychiatric euthanasia increasingly involves young people with conditions that fluctuate over time. These are not terminal illnesses; they are lives with uncertain trajectories. Euthanasia requires certainty, irremediable suffering. In psychiatry, that certainty is often an illusion. Moreover, vulnerability is not evenly distributed. In the Netherlands, women, young adults and people with trauma histories, autism, intellectual disability or personality disorders are overrepresented among those requesting and being granted psychiatric euthanasia. These are often people whose agency has been eroded by life experiences. To call this pure autonomy is clinically naive.
As a psychiatrist, I am trained to tolerate despair without endorsing it, to stay present and still say, “I don’t know the answer yet, but I am not done with you.” That stance is not paternalism. It's fidelity. It's what kept Odysseus alive until the voices had passed.
Canada now stands at a similar narrow strait. If you extend euthanasia to psychiatric suffering, you will not simply add an option. You will reshape the moral landscape of care.
You ask clinicians to decide not only when life can no longer be cured, but when it no longer should continue. That is a burden psychiatry was never designed to carry.
I ask you to pause to listen not only to legal arguments but to clinical experience, to those who have seen safeguards stretch, criteria soften and procedure replace presence.
Binding ourselves to the mast is not cruelty; sometimes it's the most humane act we have. Please do not ask psychiatrists and doctors to become the sirens for people who need our compassion, care and protection.
Thank you, Chair.
:
Thank you for inviting me.
I'm Sisco van Veen. I am a psychiatrist from the Netherlands who is experienced in assessing psychiatric MAID requests.
As an empirical ethicist, I have been studying MAID for psychiatric suffering for 10 years now, and I am currently the head of the end-of-life psychiatry research group at the Amsterdam University Medical Center. I also have a research appointment at our national suicide prevention centre, and I’m the chair of the committee tasked by the Dutch Psychiatric Association with updating the clinical guidelines for psychiatric MAID.
I have been following the debate in Canada closely over the past years, but as a disclaimer, I would like to state that I've learned that when it comes to this topic it is virtually impossible to maintain a detailed understanding of another country's legal, cultural and ethical context, because it's continuously shifting. For the remainder of my time I'll focus on the Dutch situation and what universal lessons can be drawn from that.
MAID for psychiatric suffering has been legal in the Netherlands for decades, first, on the basis of jurisprudence, which was codified into law in 2002. Our first guideline for psychiatric MAID stems from 1998 and describes a rigorous assessment procedure. However, in clinical practice, it remains extremely rare. Only zero to five cases were reported annually, and it was barely a topic for patients and clinicians alike.
This changed around 2010 when the possibility to request MAID for psychiatric suffering became more salient. A few years later, the Expert Centre on Euthanasia, ECE, was formed, which quickly became the centre where most patients with psychiatric MAID requests were referred to.
With this, the cases started to increase over the years, about 8% annually until 2024. This is a significant raise, but it's also important to mention that psychiatric MAID to this day remains relatively rare at around 2% of all MAID cases.
The increase in cases eventually led to long waiting lists at the ECE, which in turn was reason for a small group of pro-MAID psychiatrists to seek publicity and call on their colleagues to perform psychiatric MAID more often.
In my view, this mainly caused a strong resistance among Dutch mental health care professionals, which in turn was fertile soil for a fierce and equally public counter-reaction, deepening the polarization further. This dynamic has soured the debate and may have contributed to the 21% drop in psychiatric MAID cases we saw in 2025, which in itself, of course, cannot be seen as a bad thing.
Together with different stakeholder groups, including the Dutch Psychiatric Association and the Dutch Patients’ Federation, we are currently working on getting the discourse back on track in the Netherlands to a more nuanced and constructive conversation. This is important for there are still many clinical and ethical challenges that require our continuous attention, which I’m happy to discuss further if asked.
Let me continue with my more universal, moral view on psychiatric MAID. Drawing on a decade of clinical and research experience, I've come to the following view. Although respecting autonomy is, of course, a fundamental justification for MAID, mercy is even more important. Because of this, I think it's hard to justify excluding patients with psychiatric disorders whose suffering can be immense or, in other words, unbearable.
I do think that MAID for terminal suffering is fundamentally different from MAID for chronic suffering. MAID for terminal illness is a way to prevent a terrible death, and MAID for chronic illness can be seen as a way to end a terrible life. Both situations require different due diligence approaches, and I think your two-track system reflects this better than our Dutch system, which does not make this distinction.
I also think MAID should be accessible for people suffering from chronic illness, because, by definition, death will not end a suffering that is not terminal. Although I see a lot of differences between chronic physical and psychiatric suffering, I do not think these differences are sufficient to justify a complete ban of psychiatric patients. Uncertainty about irremediability is a big challenge in almost all cases regarding psychiatric suffering, but it can also be an issue in some forms of chronic physical suffering.
I would also argue that adopting a retrospective view on irremediability is more suited for patients with psychiatric and chronic physical illness. This means that a physician isn’t asked to judge whether a patient will never recover, but that the physician is asked to judge, together with the patient, if they have suffered enough.
Finally, I have a short word on media dynamics.
It is my experience that media and social media play a profound, polarizing role in debates surrounding psychiatric MAID. This worries me a great deal. For large groups in both our countries, this is not a mere theoretical, ethical problem. It's a debate with real-life concerns of real people who are in vulnerable positions. These people deserve that we remain curious about each other's viewpoints and commit ourselves to a respectful, responsible and constructive debate.
Thank you for your invitation to contribute to this conversation.
I'm happy to answer all your questions.
:
Yes. Thank you, honourable committee member, for this very important question.
There have been some studies by our official bodies installed by the government who are keeping statistics of the people who receive euthanasia solely on the basis of medical grounds, and a lot of patients being granted euthanasia come from certain groups, as I mentioned. The foremost is women, young women. People with autism are on the rise. There's a very big population of autistic patients asking for and being granted euthanasia in the Netherlands.
Also worrying is what came from the British research from Professor Tuffrey-Wijne in London. She revealed that, in many cases, even intellectual disability is not an exclusion criterion anymore for receiving euthanasia. That's particularly worrying, because when you read the statements the doctors gave to justify these euthanasias, they are quite worrying.
Professor Tuffrey-Wijne, who's of Dutch descent, by the way, was quite shocked when she read those reports by the body that does the supervision over the euthanasias. She said, for example, that a lot of patients receive euthanasia not based on any medical condition or something, but mainly on the basis of their social position, of situations like demoralization or a lack of social integration in society.
:
Thank you for that very important question. In essence, it's a more political question than a medical question.
What I witnessed in the last 30 years is that psychiatric care, especially for the people most severely affected by mental suffering—like the population I mentioned earlier, the people with autism, personality disorders and traumatic histories—has been selectively reduced in the Netherlands.
Our health care system, which is a commercial system, is run by health care insurance companies. For health care insurance companies, providing care for the most severely psychotic ill patients is not very profitable.
In the last 15 years, this care in the Netherlands has been reduced quite significantly. The patients I could treat 20 years ago quite adequately and effectively are now perishing on long waiting lists. These waiting lists are getting longer and longer in the Netherlands. Many patients come to me, or sometimes even their parents or family members, saying, “If this system can't provide proper care to my loved one, I at least ask you, as a doctor working in that system, to be able to provide euthanasia to this person, to this family member, because you can't provide any care anymore.”
That's causing a lot of moral stress in Dutch psychiatrists, as you can understand. This has made quite an impact on many psychiatrists I speak to on a daily basis. They are very reluctant and very wary about what's happening now in our country.
We have to be quite clear that people die now, who could have been treated 10 to 20 years ago quite effectively. I've done it myself. It's actually a real shame.
:
Just because we've heard from 10,000 psychiatrists doesn't mean we shouldn't hear from the Canadian Psychiatric Association. I honestly find this completely unacceptable.
I would now like to ask Dr. van Veen a question.
I strongly believe in a person's right to decide for themselves the level of suffering that they want to endure. We know that people are treated and medicated but forced to suffer for their entire lives because psychiatry and community support won't take away their suffering. If, this evening, we were to decide to take away the ability of people with a mental illness to request medical assistance in dying, we would be engaging in discrimination. We would be excluding some people who have rights. In the absence of a clinical consensus, we would be determining that they don't have the same rights as people who have a chronic incurable disease or as people who are suffering from a disease such as Alzheimer's and who make their advance requests in Quebec. I find that somewhat unacceptable, Mr. Chair.
On that note, I appreciated Dr. van Veen's testimony. I gather that he thinks that taking away this right wouldn't be the best idea because some people with a mental illness have the right to decide for themselves and the capacity to do so. Dr. van Veen, I understand that currently some people are forced to suffer for their entire lives and to receive psychiatric palliative care at the end of their lives. It seems that, in 2026, we have a duty to give these people an option. They have the right to decide that they have suffered enough and to make the decision that concerns them.
Do you agree, Dr. van Veen, with my hypothesis that we'll never be able to take away some people's suffering?
:
I'll give you an example, Dr. van Veen.
In their report, the experts say that people under the age of 30 wouldn't be allowed to request medical assistance in dying. Just because you make the request doesn't mean that you're eligible. In Quebec, for example, medical assistance in dying isn't available to anyone diagnosed with an intellectual disability. Limits and criteria are used. I sincerely believe that we'll never get all psychiatrists to agree. However, we're talking here about preserving the right to self‑determination.
Do you agree that members of the scientific community could settle on fairly tight criteria in order to support a schizophrenic person, for example, who, after 25 years of suffering and treatment, ultimately wants to avoid dying in what they consider completely unacceptable conditions, and that this person has the right to decide for themselves?
Can we find criteria that would help these types of people get what they want?
:
Thank you very much, Chair.
Good evening, colleagues.
Thank you so much to the witnesses. I know it's very late for you, so we really appreciate the expertise you are sharing.
I know that Dr. van Veen commented on the importance of having MAID available to those suffering from mental illness, and it would be a small group, but in your account, Dr. van Os, Dutch psychiatric euthanasia became normalized gradually. Then it was accelerated. The numbers are more alarming now, with a small group of activist physicians helping drive that shift.
Can you explain how that happened in practice? Why should Canada take warning as to what could happen should we consider expanding MAID?
:
Thank you very much for this question. I think what you would like to happen in a country is that if there is a shift in practice, particularly one like euthanasia, you want it to be well reasoned, well prepared and safe. What happened in the Netherlands was that the law, as it was formulated in 2002, was open to all sorts of uses that I don't think were initially seen as possibilities.
What you will see with euthanasia is that individual clinicians often differ wildly in what they think they see before them in terms of suffering, irremediability, futility, autonomy, etc. This is what we've seen in the Netherlands. If there is a media campaign that will sway a group of physicians who really think they are following their instincts of mercy and then expand their practice, society is not able to keep up with that and to control, deliberate and assess what is happening.
With such a difficult issue, where there's no consensus on the criteria, it's not about being against euthanasia; it's about who can address the fluctuating opinion surrounding these criteria. For example, you should have a transparent public body for oversight with representatives of disability, palliative care, psychiatry—and, in your case, indigenous and lived experience communities—and not just the activist providers. It was proposed in the Netherlands as well to have a committee of wise, experienced individuals from all corners of society to do more oversight and lead the debate.
:
Thank you. I appreciate that.
This question is for Dr. van Os.
In your commentary copublished in the Psychiatric Times, titled “Psychiatric Euthanasia in the Netherlands: Young People, Procedural Medicine, and the Limits of Psychiatry”, you wrote about an increasing number of youth in the Netherlands who are seeking medical assistance in dying. However, you also say in the article that “rejection and withdrawal rates remain substantial”.
You got that from the American National Library of Medicine's data that studied the requests for medical assistance in dying by young Dutch people with psychiatric disorders. That same report concluded that although there was an increase in young persons seeking MAID MI-SUMC, “Only 3.0% of all applications by young people resulted in MAID, which is lower compared with the acceptance rate for MAID-PS among adults in the Netherlands. One in 4 applications was halted by the patient even before medical files had been assembled.” Of the files that continued to be accessed, 60% were rejected due to eligibility screening. That was in your article.
Wouldn't this data which you've cited in this commentary suggest that the system developed in the Netherlands to protect against unlawful cases of MAID for mental illness as the sole underlying condition is actually working?
We'll continue our conversation, Dr. van Veen. I share your opinion that a person who comes to you, who has suffered for much of their life and who can't stop their suffering, can decide for themselves what they want to do in consultation with their doctor.
The latest report by Canadian experts that we saw shows that, given the fairly tight criteria, it's almost impossible for a 30‑year‑old to qualify for medical assistance in dying. We must prove that the person has taken medication, received follow‑up care and undergone therapies, and that, after a few years of unsuccessful treatment, the suffering persists. That's what it takes for a person to have the right to decide for themselves.
I would now like to address an issue raised by my colleague concerning cases involving irreversible suffering. If you have schizophrenia and you have been in therapy for 20 years or so without seeing any results, and you're suffering, it seems that you have the right, as a patient and as an individual, in consultation with the doctor evaluating you and with all the professionals, to decide whether you want to continue to live with your quality of life.
I often hear a form of paternalism from some of my colleagues around the table. They're not able to trust a person's ability to make a decision. Would it be better to say that we can allow these people to make this decision, but take a case‑by‑case approach, since some may have the right to do so? If we fail to listen, we'll be discriminating against a minority of people who could have the right to put an end to their years of suffering.
:
I call the meeting back to order.
I'd like to welcome our second group of witnesses.
As an individual, we have Alicia Duncan, by video conference.
From Dying With Dignity Canada Inc., we have with us Helen Long.
From Euthanasia Prevention Coalition, we have executive director Alexander Schadenberg.
Maybe we can start with Ms. Duncan.
You have the floor for five minutes. I will hold up a prompt when you have 30 seconds left and another when your time is up.
Go ahead.
:
Hello. My name is Alicia Duncan, and I am here today in memory of my mother, Donna Duncan.
I first appeared before this committee in 2022. As someone who is not philosophically opposed to assisted dying, I believed that if Parliament understood what happened to my mother, there would be change. There hasn't been. AMAD has recognized that this issue turns on readiness, oversight, standards and review. The circumstances surrounding my mother's death demonstrate that Canada is not ready to expand MAID for mental illness as a sole underlying condition.
My mother's death demonstrated these three things: One, families cannot reliably intervene to stop a MAID death in real time, even in a clear crisis. Two, after death, there is no effective pathway to determine whether the law was followed. Three, oversight in this system, therefore, is not verifiable in practice.
My mother died through Canada's MAID regime on October 29, 2021, only hours after being released from a psychiatric unit following a suicide attempt. She had experienced a significant decline following a concussion. She was psychiatrically unstable, deeply hopeless and physically deteriorating. Our family did not deny that she was suffering. We questioned whether death should have been accepted as the answer in the midst of that crisis.
When she told us she had scheduled her death in less than two days, we brought an emergency application before a provincial judge, who granted a warrant for her apprehension under the Mental Health Act temporarily stopping the provision. With her consent, we then spoke directly with the head of the MAID coordination centre, who was also one of her assessors, and raised concerns that she was in an active mental health crisis. That concern was confirmed when she attempted suicide, yet hours after being released from psychiatric care, she was euthanized.
Proponents of psychiatric euthanasia frame my mother's case as an outlier. It is not. Since her death, I have connected with many families across this country who have experienced similar circumstances and are now living with the devastating effects of PTSD, conditions that, under an expanded regime, could themselves become grounds for MAID.
In my mother's case, disordered eating and severe caloric restriction contributed to her physical decline and were treated as evidence that her death was near. In effect, the current system allows eligibility for MAID to be shaped not only by illness, but also by behaviour rooted in distress, including self-imposed physical conditions.
After my mother's death, the second failure became clear. We pursued regulators, police and the Privacy Commissioner to determine whether the law had been followed. A police investigation was opened but could not proceed because officers could not access her MAID assessment records. Requests for disclosure, including under public interest provisions, were refused. Most recently, I requested her records under public interest override of B.C.'s Freedom of Information and Protection of Privacy Act. That request was again denied.
I would ask this: What greater public interest exists than determining whether a state-authorized death was carried out in compliance with the law? The only person legally entitled to access the records that would answer that question is my mother, and she is dead.
There is no governing body in this country, criminal, civil or regulatory, that seems willing to reliably determine whether a MAID death complied with the law after it has occurred. Accountability is effectively shifted onto families and executors, who cannot access the information required to pursue it. Public bodies defer to one another. Health authorities resist disclosure, and civil action carries significant financial risk for families. The absence of a negligent finding is often cited as evidence that the system is working. It is not. It reflects a system that cannot be meaningfully examined.
It is within that system that Parliament is now being asked to expand eligibility. When I hear that Canada is ready for expansion, I do not understand how that conclusion is reached. My mother's case has been examined in courts, media and public policy discussions. If a case like hers does not raise fundamental concerns about how the system operates, it is unclear what would.
Nothing fundamental has changed since 2022. Canadians still lack timely access to psychiatric care, trauma care and meaningful recovery supports. We are preparing to authorize psychiatric euthanasia within a system that lacks transparency, meaningful oversight and any reliable way to verify whether the law is being followed.
When MAID is provided in error, the consequence is irreversible. If Canada cannot account for the deaths it has already approved, it is not ready to expand eligibility to mental illness as a sole condition. We are not ready.
Thank you.
:
Good evening, everyone. Thank you for the opportunity to appear.
My name is Helen Long, and I am the CEO of Dying with Dignity Canada. We are a national human rights charity that advocates for end-of-life options that respect the Canadian Constitution and the Charter of Rights and Freedoms.
We support the right of a competent adult with a mental illness as their sole underlying medical condition to apply for and receive medical assistance in dying if they meet the rigorous eligibility criteria under the Criminal Code.
The legalization of MAID for mental illness would allow access to MAID for a small group of people afflicted with acute treatment-resistant mental disorders who, despite many interventions over long periods of time, have experienced suffering that cannot be relieved.
This committee has heard from many physicians, psychiatrists, professors and other experts who have contributed invaluable testimony to the committee's study. Some experts have stated that mental illness cannot be considered grievous and irremediable. Their illness and outlook may possibly improve one day in the future, but certainty about the future is not a requirement to access MAID. There is plenty of uncertainty in many medical conditions, but people with physical disorders are informed about the uncertainties and engage in dialogue with clinicians to talk about risks and their own values. It is to only people with mental illness that we say, “Your views do not matter.”
I remind you that 80% of Canadians support access to MAID for individuals with a mental illness as the sole underlying condition. There are physicians who are confident in their ability to assess and provide MAID for mental illness. Their ability and willingness to do so is based in fact, backed by robust academic literature and affirmed by countless hours of experience in clinical settings. They are prepared to honour the wishes of the very few Canadians who would be eligible to receive MAID for debilitating, irremediable mental disorders.
Today I would like to highlight a glaring gap in the evidence collected by the committee. The voices of everyday Canadians with lived experience facing grievous and irremediable medical disorders have been largely excluded from your study. No other patients have been erased from a conversation about them the way persons with mental illness have been. I am here as an advocate for them, to bring their voices to you with the limited time I have. However, my testimony should be the start, not the end, of a conversation with Canadians who have been consistently calling for the legalization of MAID for mental illness.
John Scully has said:
I suffer from severe mental illness including incurable depression, incurable post-traumatic stress disorder, and incurable anxiety disorder. I was first diagnosed 30 years ago and since then I have been admitted to seven psychiatric hospitals, I have undergone every possible treatment and taken every medication known to science, including all the drugs developed since 1950. To this day, none have had any positive effects on me, and some have had dangerous effects.
Here is Savannah Meadows:
I’m sure you can understand that some mental health issues are so severe and the pain they cause so great that they cannot be effectively treated or cured. When a person is in immense mental pain and no treatment can help them, under the current system people are left to suffer grievously, which is cruel and unusual punishment.
Clemie said:
I do understand the concept that there’s always hope, that my life could get better, but my anguish won’t. I will always be mentally ill. I will always be depressed. My heart can’t handle this pain anymore, my soul is exhausted, and I deserve equal access to assisted dying.
Claire Elyse Brosseau said this:
I’ve been treated for 35 years. Some people don’t respond to treatment. That’s a medical reality, not a philosophical debate. Broad assumptions...and guess work isn’t protecting us, but rather people’s feelings. It excludes us. Equality doesn’t mean special restrictions. Speculation isn’t lived experience.
At its core, the decision to access MAID is a deeply personal one. Canadians simply want the autonomy to make medical decisions for themselves in consultation with the medical professionals they trust. It is incumbent upon the government of Canada to allow them to do so.
I urge this committee and the government to go further in listening to their voices, and ensure their realities are meaningfully reflected in the recommendations you put forward.
Thank you.
:
My name is Alex Schadenberg. I'm the executive director of the Euthanasia Prevention Coalition. I work in Canada, but I also work with people worldwide who oppose euthanasia and assisted suicide.
Canada is increasingly seen internationally as a cautionary example. The rapid growth of euthanasia deaths and the expansion of the types of cases are being closely watched abroad. Developments in Canada have influenced debates in other countries, including the defeat of assisted dying bills in Scotland, the U.K. House of Lords, and Slovenia, where assisted suicide was overturned through a referendum.
Rather than extending assisted dying to persons whose sole underlying condition is a mental disorder, Parliament needs to examine how Canada's euthanasia law is actually functioning. How has the law been implemented? Is it achieving its intended outcomes? Are there abuses of the law based on its original intention? Does the law require amendments? These questions have never been addressed. We've only actually talked about expansions.
Dr. Ramona Coelho, in her article, dated January 5, 2026, published by the Macdonald-Laurier Institute, as a commentary on the “Sixth Annual Report on Medical Assistance in Dying”, stated:
Although the report emphasizes self-identified disability, all MAiD recipients are disabled by definition. Disability refers to any long-term impairment that limits participation in life. MAiD is legal for individuals with a “grievous and irremediable” condition, an incurable illness causing irreversible decline in capabilities. Anyone meeting these criteria is by definition disabled, though not all disabled people should qualify for MAiD.
Common conditions listed for Track 2 MAiD reinforce this point. Diabetes appears frequently, and Ontario's MDRC documented a man who received MAiD for an essential tremor. These are disabilities, yet they do not usually cause the serious decline that MAiD is intended to address. By emphasizing self-identified disability, the report obscures the real story: MAiD eligibility targets disabled people, a concern highlighted by the disability community, the United Nations and human rights watchdogs, and most recently, the United Nations Committee on the Rights of Persons with Disabilities.
That UN committee has called for the repeal of track 2 MAID, increased oversight of the law and no further expansion, including the scheduled expansion of MAID for the sole criteria of mental illness.
For instance, Kiano Vafaeian, who was 26, died by euthanasia in Vancouver on December 30, 2025. Kiano was seeking assisted dying in Ontario where he lived, but his requests for MAID were rejected by multiple doctors in Ontario. He then contacted Dr. Ellen Wiebe in Vancouver, British Columbia, who assessed him and approved him for euthanasia.
Margaret Marsilla, Kiano's mother, was shocked that her son, who was living with type 1 diabetes, which did result in his becoming legally blind, was also living with significant mental health issues, which should have been assessed in his approval for MAID. Kiano was approved as a track 2 candidate for MAID. Kiano's family was never consulted, which is important, since he was living with depression and suicidal ideation.
If Kiano's death is the only disturbing MAID death, then one might suggest his death is an outlier. However, in fact, there have been many controversial MAID deaths.
Instead of expanding MAID further, Parliament needs to examine how the current law has led to outcomes such as the death of Kiano. Parliament needs to have a complete review of the law.
More broadly, Canada's assisted dying law is vague. While Health Canada provides guidance, the legal framework allows for wide interpretation, and it lacks effective oversight.
Because of the time constraints, I'll only highlight one key issue. Section 241.2(3) and section 241.2(3.1) of the Criminal Code state that medical practitioners or nurse practitioners are only required to be “of the opinion” that the eligibility criteria are met. Now, we're talking about life and death decisions here. That, in practice, makes accountability extremely difficult, and it makes it impossible to prosecute a medical or nurse practitioner in Canada, even when the MAID death is clearly wrong or deeply disturbing.
The MDRC reports from Ontario and cases that have already been submitted to you speak to that reality.
Canada should not be considering the expansion of MAID or of assisted dying to include people with mental illnesses alone, but rather, Parliament needs to fully review the law.
Thank you.
First, I would like to say that I'm happy to be here with my colleagues from the Senate and the House of Commons for this crucial study.
[English]
Chair, I'm going to start my questions with Ms. Long.
Ms. Long, first, I want thank you for your work and your advocacy. I was a supporter of medical assistance in dying when our government was faced with the challenge of moving this forward back in 2016. I think that we found the necessary balance in order to provide Canadians with the right to do so.
In this particular instance, though, based on the research that I've done and looking at the testimony received so far including in the last panel as well, we heard Dr. van Os say that the UN Committee on the Rights of Persons with Disabilities, the International Association for Suicide Prevention and lived experiences in Holland say not to move forward with an expansion of MAID in Canada. We heard Dr. van Rooij say that euthanasia requires certainty and we simply do not have certainty when it comes to mental illness. We have had psychiatric associations and many other practitioners who have appeared before committee over the last 15 hours or so of testimony who have said that there is no consensus and that we should not move forward. As recently as just a couple of days ago, the Province of Quebec, where I call home—I represent the community of Vaudreuil in that province—shared a letter with us reiterating the fact that the province has not moved forward or given their support for an expansion. They had conducted their own study, which came to the consensus that they should not move forward. It did not have the public support necessary to do so as well.
Whatever I say here doesn't count. It's your testimony that will make its way into our report and will determine whether we recommend to move forward or not. What are we missing? What are all of these experts, provincial governments, etc., missing? What would be your strongest arguments against what they have said?
Ms. Long, we know that the Quebec minister of health wrote a letter to the committee. Mr. Schiefke spoke about it. She says that the province isn't necessarily ready to expand access to medical assistance in dying. However, she also isn't asking for the removal of the possibility, under the legislation, of requesting medical assistance in dying. I think that we need to keep doing research. Perhaps this small nuance in Quebec's position wasn't emphasized. We also know that Nova Scotia told us that it was ready.
In your remarks, which touched me deeply, you said the following. Why deny medical assistance in dying to a small number of people who are suffering from a mental illness and who could have access to it? You said “a small number”. You said that the criteria recommended by the experts are fairly restrictive.
Do you think that this will apply to a small number of people?
:
Certainly. Dr. Gupta spoke to the need for clinicians to assess suicidality and ensure that the person is not in crisis.
I'm thinking about Claire Elyse Brosseau. Many of you will have seen the media today on her recent filing. This is an individual who has 35 years of significant care. She has had access to every treatment she could have wanted. She has worked extensively with multiple psychiatrists. Her psychiatrist supports her decision. That's one individual. John Scully is another. You can see information on his story on our website. Certainly, there are very few of these people. There are, perhaps, one or two others.
We talk to clinicians, psychiatrists in particular, who do this work and who have thought about their patients over the many years. One clinician, for example, said, “In my 40 years, perhaps I've seen four people who may qualify.” There are very few when you look at the numbers. I could provide some numbers related to the calls we get. We are not clinicians. We don't assess for eligibility, but I can certainly tell you that the vast majority of those who call and identify with a mental illness tell us that they either have not been diagnosed or have not received treatment. Those people would never be considered for MAID.
:
I want to make two points.
The first point deals with a comment made by the nice lady beside me, and it is that doctors can be prosecuted for this. They're very concerned about this. They have to be very careful.
In fact, when you look at the Criminal Code, it's impossible to do so. The law was written in such a way as to make it impossible, because it says that the doctor or nurse practitioner only has to “be of the opinion” that you fit the eligibility criteria of the law. That's not the only thing in the law which is concerning, but obviously, they simply have to say that they were of the opinion and that's it. It's done.
As for regulatory bodies in the provinces, there have been a few cases that have gone to regulatory bodies, but there have been no significant or any issues. The biggest issue was with a doctor in Ontario. It was a very egregious case. The Ontario college of physicians decided to say that the person cannot be involved in MAID anymore, but nothing else was done. In that case, the person continued to be a physician in every way, shape or form, but they were told they cannot be involved with MAID anymore. That's it.
Ms. Long, I would like to ask you questions about indigenous consultations. In reviewing the Dying with Dignity website in preparation for these hearings, I was struck by the fact that you amplify the voices of diverse communities.
There is a conversation you have on the website with an indigenous mother, Marion Brown, and her daughter, Danielle Wilson-Brown, who have a podcast, “Before I Go...Embracing the Journey of MAiD”.
You clearly are attentive to evidence about, and seek to engage, indigenous people. We have heard in this committee that the only consultation with indigenous peoples in Canada was the 250 people answering an online questionnaire. Of course, it is essential to properly consult indigenous people. I ask you this question: Are you aware of anything more that was done besides the online questionnaire?
Ms. Long, our committee has heard testimony primarily from multiple witnesses who disagree that MAID should be allowed for persons with a mental illness, despite empirical evidence to substantiate these claims. One of the arguments that's been brought up a few times is the idea that someone who is suicidal or has suicidal ideations can easily access MAID. But we know that here in Canada, to access MAID under the law, a person must meet very strict eligibility requirements. Being suicidal is not an eligibility criterion to access MAID.
From your experience, do you believe people with suicidal ideations can easily access MAID? As well, based on your experience, have the people who have sought MAID simply given up, or have they genuinely tried to make every possible treatment first before making the decision to request MAID?
:
Thank you very much, Chair.
This is the first meeting I'm attending as a new member on the Liberal side. I look forward to working with colleagues on the Conservative side, with the Bloc, of course, and with senators. It's a very important subject, to say the least.
On that note, I'll turn to Ms. Long.
I'll make reference to the first panellist we had. It really left an impression on me when we had a witness say that, in the vast majority of cases they've observed—they are an expert on the subject making particular reference to the Netherlands but going beyond that, as well—those seeking medical assistance in dying for reasons of mental illness are “living in poverty”. They're traumatized. They are living in deep trauma. That left an impression, I think, on all of us. It implies many things about this debate.
How do you take that comment, Ms. Long?
Ms. Long, we know that there are cases pending and legal proceedings involving people with mental illness who want medical assistance in dying. By deciding not to expand access to it, or at least to continue the discussion, we're basically giving patients the burden of having the legislation clarified. I find this quite unfair.
Do you think that we could ask the Supreme Court whether, in its opinion, discrimination against people with a mental illness when it comes to access to medical assistance in dying respects the spirit of the charter?
Before making a decision on whether the sunset clause should continue, do you think that we should ask the Supreme Court for its opinion?