Cited by 12Ethics and bioethics in healthcarePalliative Care and End-of-Life IssuesPalliative and Oncologic Care

Making a case for the inclusion of refractory and severe mental illness as a sole criterion for Canadians requesting medical assistance in dying (MAiD): a review

Bahji, Anees, Delva, Nicholas·2022·Journal of Medical Ethics

Abstract

Background: Following several landmark rulings and increasing public support for physician-assisted death, in 2016, Canada became one of a handful of countries legalising medical assistance in dying (MAiD) with Bill C-14. However, the revised Bill C-7 proposes the specific exclusion of MAiD where a mental disorder is the sole underlying medical condition (MAiD MD-SUMC). Aim: This review explores how some persons with serious and persistent mental illness (SPMI) could meet sensible and just criteria for MAiD under the Canadian legislative framework. Methods: We review the proposed Bill C-7 criteria (capacity, voluntariness, irremediability and suffering) as well as the nuances involved in separating a well-reasoned request for assisted suicide from what might be solely a manifestation of a SPMI. Findings: In this paper, we argue against the absolute exclusion of patients with SPMIs from accessing MAiD. Instead, we propose that in some circumstances, MAiD MD-SUMC may be justifiable while remaining the last resort. Conducting MAiD eligibility assessments removes the need to introduce diagnosis-specific language into MAiD legislation. Competent psychiatric patients who request MAiD should not be treated any differently from other eligible candidates. Many individuals with psychiatric disorders will be incapable of consenting to MAiD. The only ethical option is to assess eligibility for MAiD on an individual basis and include as legitimate candidates those who suffer solely from psychiatric illness who have the decisional capacity to consent to MAiD.

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Crossref · 10.1136/medethics-2020-107133

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  • The introduction of MAiD-MD into the continuum of care can affect the therapeutic relationship, which is closely correlated with patients' hope for improvement, a key facilitator of recovery.

    “The introduction of MAiD-MD into the continuum of care can affect the therapeutic relationship [17, 48, 59], which is closely correlated with patients’ hope for improvement [37], a key facilitator of recovery [23, 52].”
  • People living with mental disorders are often not taken seriously unless they have physical symptoms or somatic manifestations.

    “People living with mental disorders are often not taken seriously [20, 48] unless they have physical symptoms or somatic manifestations.”
  • Mental suffering can be difficult to understand and tends to be less recognized than suffering arising from physical illnesses.

    “Mental suffering can be difficult to understand [24, 48] and tends to be less recognized than the suffering arising from physical illnesses [15, 21, 39].”
  • Healthcare professionals' involvement or support of MAiD-MD could affect patients' resilience and the therapeutic relationship and potentially influence the patient to lose hope that their situation will improve.

    “Healthcare professionals’ involvement or support of MAiD-MD could also affect the resilience of patients [60], the therapeutic relationship [26, 48, 60] and potentially influence the patient to lose hope that their situation will improve if they have the impression that the healthcare professional is abandoning the therapeutic project [23, 37].”
  • In Canada, the planned extension of MAiD to mental disorders as the sole underlying condition has been repeatedly postponed, reflecting ongoing difficulties in defining clinically reliable and ethically acceptable criteria.

    “In Canada, the planned extension of Medical Assistance in Dying (MAiD) to mental disorders as the sole underlying condition has been repeatedly postponed, reflecting ongoing difficulties in defining clinically reliable and ethically acceptable criteria”

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Authors
Bahji, A., & Delva, N.
Affiliations
  • University of Calgary (CA)
  • Queen's University (CA)
Corresponding author
Bahji, Anees
Venue
Journal of Medical Ethics
Publisher
BMJ
Published
2021-04-13
Volume
48
Issue
11
Pages
929-934
ISSN
  • 0306-6800 (ISSN-L)
  • 1473-4257
OpenAlex
W3152556357
Cited by
12
References
55
Citations by year
2026: 3 · 2025: 2 · 2024: 3 · 2023: 4
FWCI
0.36
Type
journal article
Language
en
Open access
closed
Locations
  • Journal of Medical Ethics (publishedVersion)
  • PubMed (publishedVersion)
Funders
2020 Friends of Matt Newell Endowment in Substance Use Research (N/A)
Topics
  • Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Ethics and bioethics in healthcare
  • Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Palliative Care and End-of-Life Issues
  • Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Palliative and Oncologic Care
Keywords
medical assistance in dying, serious and persistent mental illness, physician-assisted death, Bill C-14, decision-making capacity, psychiatric patients, voluntariness
MeSH terms
Mental Disorders, Canada, Chronic Disease, Euthanasia, Humans, Medical Assistance, Suicide, Assisted

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