OTTAWA, ON, Oct. 27, 2026 /CNW/ -- For Canadians facing an incurable illness and living with intolerable suffering, medical assistance in dying (MAID) is a complex and deeply personal choice. The decision to request MAID must remain theirs, be voluntary, free from external pressure, and remain protected by rigorous safeguards.

Today, Canada's government introduced the MAID Safeguards Act, Bill C-41. It would establish rigorous safeguards to allow adults to consent in advance to receive MAID later, following a diagnosis of an incurable illness expected to take away their ability to make this decision. The advance request would allow their wishes to be respected even after they lose that ability, provided all requirements are met.

Since 2016, MAID has given people more choice over their own care. MAID is available only to adults with an incurable illness who meet strict eligibility requirements. This may include someone nearing the end of their life with cancer or someone whose incurable illness is causing irreversible decline. In either case, to be eligible for MAID, a person must also be experiencing intolerable suffering and provide informed consent, among other eligibility requirements. Rigorous safeguards must be followed, including the right to withdraw their request at any time.

Allow Canadians to request MAID in advance for later in their illness

The MAID Safeguards Act would update Canada's MAID law to allow adults to consent in advance to receive MAID after being diagnosed with an incurable illness expected to take away their ability to make this decision. They would give informed consent while they can still decide for themselves, so their wishes could be respected after they lose that ability. For example, an adult who is diagnosed with Alzheimer's could specify, in advance, the circumstances in which they would want MAID later in their illness.

Making an advance request would not mean MAID is immediately or automatically provided later. All eligibility requirements would have to be met, and new rigorous safeguards would need to be followed. A person would have to be experiencing intolerable suffering at the time MAID is provided, even if all the conditions in their advance request have been met.

Provinces and territories, which are responsible for regulating and delivering health care, would decide whether to make advance requests available in their jurisdictions. The federal government will continue working with them in implementation.

Scheduled expansion for mental illness would not move ahead

Mental illness can cause suffering just like suffering experienced by physical illness. Canadians living with mental illness deserve to have their suffering taken seriously. When it comes to MAID, serious concerns remain about whether these cases can be assessed safely and consistently. For that reason, Canada will not move ahead with expanding MAID to people on the basis of a mental illness.

Most recently, a parliamentary committee made up of senators and Members of Parliament from different parties studied the issue, heard from experts and stakeholders, and recommended the Government of Canada not move ahead with the scheduled expansion.

Access to meaningful treatment, compassionate care, and support remains a priority for Canadians living with physical or mental illness. The federal government will continue working with provinces and territories to strengthen access to these services.

Today's update to Canada's MAID law was introduced by the Honourable Sean Fraser, Minister of Justice and Attorney General of Canada, who was joined by the Honourable Marjorie Michel, Minister of Health.

Current MAID eligibility pathways and safeguards
 

For more information on how MAID is currently delivered in Canada, including eligibility and its rigorous safeguards, consult: MAID Overview.

Quotes
"Today, we introduced legislation that would allow adults to consent to medical assistance in dying in advance, so their wishes could be respected if they are diagnosed with an incurable illness that could take away the ability to make this decision. It would also end the scheduled expansion of MAID for people on the basis of a mental illness. We will work with provinces and territories on implementation, with rigorous safeguards to protect people and ensure the decision remains voluntary and free from external pressure."

The Honourable Sean Fraser, P.C., K.C., M.P.
Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency

"Medical assistance in dying (MAID) raises deeply personal and complex considerations for individuals, families, and health care providers. Our approach must respect personal autonomy and individual choice while maintaining robust safeguards for those who may be vulnerable. We remain committed to ensuring that MAID is approached with care and respect for the rights and well-being of all Canadians."

The Honourable Marjorie Michel
Minister of Health

Quick Facts

• In February 2015, the Supreme Court of Canada ruled in Carter v. Canada that parts of the Criminal Code would need to change to be consistent with the Canadian Charter of Rights and Freedoms. As the sections that prohibited medical assistance in dying would no longer be valid, the Supreme Court gave the government until June 6, 2016, to create a new law. As a result, in June 2016, Parliament passed federal legislation that allows eligible adults in Canada to request medical assistance in dying.
• Canada's legal framework for MAID is shared between the federal government and provinces and territories. The federal legal framework is contained in the Criminal Code and it sets out the minimum eligibility criteria and safeguards for the lawful provision of MAID. Provincial and territorial governments organize, regulate, and deliver health care, including MAID assessments and provision. For example, in Ontario, every MAID death is reported to the Office of the Chief Coroner to help ensure the process is carried out safely, legally and in accordance with required safeguards.
• In 2017, federal, provincial, and territorial Ministers of Health agreed to work together to address gaps in services with a focus on expanding access to community-mental health services and expanding the availability of integrated community-based services for people with complex needs, and improving access to home and community care, including palliative care, supported by federal investments of $11 billion.
• In October 2026, the Government of Canada announced an additional one-year commitment, representing a $1.2 billion investment in 2027-28 to continue supporting access to mental health and substance use and home and community care services while federal, provincial, and territorial governments continue discussions on long-term health funding, sustainability and finding better ways to deliver high-quality care for Canadians.
• Through the Working Together to Improve Health Care for Canadians plan, the federal government is also providing $200 billion over 10 years to provinces and territories, including $25 billion for shared priorities such as mental health.
• On June 17, 2026, the Special Joint Committee on Medical Assistance in Dying (AMAD) tabled a report, Medical Assistance in Dying and Mental Disorder as the Sole Underlying Medical Condition: A Complex and Challenging Conversation Among Canadians in Parliament. The report recommended the Government of Canada amend the Criminal Code to indefinitely exclude people whose sole underlying medical condition is a mental illness from eligibility for MAID.
• In November 2024, the Government of Canada launched a national conversation on advance requests. In October 2025, the findings were published and showed that 67% to 69% of Canadians support advance requests for people diagnosed with a serious or incurable condition that will lead to a loss of decision-making capacity.
• On October 24, 2025, Health Canada released the Sixth Annual Report on Medical Assistance in Dying in Canada 2024 containing data providing insights into MAID assessment and delivery in Canada.
• In February 2023, the Parliament of Canada's Special Joint Committee on MAID recommended that the Criminal Code be amended to allow for MAID based on advance requests under certain circumstances. 

Related products

• Backgrounder: Proposed legislation to allow advance requests and prevent the scheduled expansion of MAID on the basis of a mental illness

Associated Links

• Canada's medical assistance in dying law (Justice Canada)
• Medical assistance in dying (Health Canada) 
• The Government of Canada introduces legislation to delay Medical Assistance in Dying expansion by 3 years – News Release (February 2024)
• What we heard: National conversation on advance requests for medical assistance in dying (October 2025)

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SOURCE Department of Justice Canada