The federal government is preparing legislation that would indefinitely exclude people whose sole underlying condition is mental illness from accessing medical assistance in dying (MAID).

Justice Minister Sean Fraser announced the policy direction on October 7, saying the government will introduce legislation this fall. The decision follows a parliamentary committee recommendation to maintain the exclusion, which was previously scheduled to expire in March 2027.

At the same time, Ottawa plans to allow advance requests for MAID for people with incurable illnesses who may later lose the capacity to consent. The proposed change would amend the Criminal Code, while provinces and territories would determine how advance requests are implemented within their health systems.

The announcement comes after the House of Commons rejected a Conservative private member’s bill that sought to permanently exclude MAID for people whose sole condition is mental illness. The vote was 141–187, according to reporting on the parliamentary proceedings.

The proposed legislation is expected to become a major parliamentary and legal debate, with questions surrounding patient autonomy, safeguards, mental-health care and provincial implementation.