An euthanasia advocacy group and two individuals have launched a Charter challenge against the federal government over its exclusion of those suffering solely from mental illness for its medical assistance in dying program.
A statement of claim was issued at the Ontario Superior Court of Justice on Monday by Dying with Dignity Canada and two others who are seeking exemptions to the current regulations.
One individual is 47-year-old Claire Elyse Brosseau, who struggles with bipolar disorder among other issues. The other is 83-year old John Scully, a former journalist and war correspondent, suffering from post-traumatic stress disorder, anxiety and depression.
The challenge was launched in response to the Trudeau government’s decision to delay further expanding its assisted suicide program to include those whose only reason for wanting medically assisted death is for reprieve from struggles with mental illness.
The government pushed the issue of MAiD expansion until 2027 in March, making it an issue that won’t be dealt with until after the next federal election, slated for next October.
“They think it’s begging for death, which it is, but it’s begging for my life, to please, please, please, just let me be free and take it away. Make it stop,” Brosseau told the National Post.
According to the challenge, the exclusion infringes on sections 7 and 15 of the Charter of Rights and Freedoms, which says every person is guaranteed “the right to life, liberty and security.”
The federal government “admits that mental illness can cause enduring and intolerable suffering,” reads the document, which argues that the “blanket exclusion” for those suffering from mental illness has only increased the stigma against them.
“There is no constitutional justification for the prolongation of the enduring and intolerable suffering of those Canadians who are eligible for MAiD but for the mental illness exclusion,” it reads.
While medical assistance in death was first legalized in 2016, only adults with incurable physical illnesses were included under the program’s requirements until March 2021.
The change occurred when the Parliament passed an updated version of the law in the wake of a Superior Court of Quebec decision which ruled that the mental illness provision to be unconstitutional.
The amendment was initially scheduled to take effect in March of last year, however, ministers at the time sought an additional one-year delay as concerns began to grow about the need for more safeguards to protect those already in a very vulnerable state.
Additionally, provinces and territories voiced their concerns about not having enough trained professionals to deal with the expansion through a joint committee in February, leading to the added delay of three years.
Psychiatrists spoke before a group of senators and members of Parliament regarding concerns about how those treating patients with mental illness would face difficulty determining whether the person’s mental illness could be improved or not.
Critics of assisted suicide also questioned how external factors like poverty and poor access to medical care would play a role in someone’s decision to seek euthanasia.
Conservative Leader Pierre Poilievre pledged to scrap expanded eligibility to those with mental illness, should his party win the next election.
Brosseau and Scully say they are seeking a death that is alternative to suicide, which they argue would not only prevent themselves from a violent death but would also protect their loved ones from trauma.
The challenge requests that the court remove the mental illness exclusion and to provide access to Brosseau and Scully by way of an exemption, paving the way for others to apply for exemptions under similar criteria.
According to court documents, assessors have already deemed both Brosseau and Scully eligible under the existing requirements.
