Justice Minister Sean Fraser said there is a lack of consensus within the medical community on when mental illness is irremediable, and concern around a lack of access to mental health supports. 

"While there is not a perfect consensus on this issue, we believe this is the correct approach at this particular time," Fraser said. 

The government also says that legislation will decriminalize advanced requests for people who are diagnosed with a serious illness, who may lose the capacity to consent to medical assistance in dying in the future.

But Fraser said the provinces will decide whether to provide advance requests, because they have jurisdiction over health care delivery. 

The decision sets up a patchwork of availability across the country for people who are diagnosed with conditions such as dementia, and who may seek approval for assisted dying before losing cognitive function.

Quebec already allows advance requests for MAID, after passing legislation that instructs provincial Crown prosecutors not to prosecute health-care workers who provide MAID in those cases.

In March, the Alberta government passed legislation that bars advance consent for MAID. 

Fraser also said the legislation will address terminology, as he voiced concern that "mental disorder" could be overly broad and deny access to people who suffer from serious degenerative neurological disorders.

This is the first time the federal government has communicated the direction it plans to take on MAID in the wake of a parliamentary committee recommending in June that it should "indefinitely pause" an expansion of the end of life procedure to people with mental disorders. 

The government initially put a temporary exclusion in place for people who suffer solely from a mental illness in 2021.

This report by The Canadian Press was first published Oct. 7, 2026.

Canadian Press health coverage receives support through a partnership with the Canadian Medical Association. CP is solely responsible for this content.

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