John Scully, one of the plaintiffs in a court challenge that argues that it is discriminatory to bar people with mental disorders from being eligible for medical assistance in dying, poses for a portrait in his Toronto home, Monday, Aug. 19, 2024.
A man who says he suffers from chronic and worsening mental health issues is among those pursuing a court challenge of the assisted dying law, which excludes people suffering solely from a mental disorder.The Canadian PressJohn Scully poses for a portrait in his Toronto home on Monday, Aug. 19, 2024.
The government cited some provinces' concerns about readiness and outstanding questions from psychiatrists about how clinicians could determine whether someone's mental illness could be cured.Dying with Dignity, Scully and a third plaintiff, Claire Elyse Brosseau, argue the mental-health exclusion violates Section 7 of the Canadian Charter of Rights and Freedoms, which says people have the right to life, liberty and security.
In 2021, the government passed another updated law that included a Senate amendment to remove the exclusion for those who suffer solely from a mental disorder. Senators behind the amendment had argued the exclusion was discriminatory. Ultimately, the government legislated a three-year delay, which Health Minister Mark Holland and Justice Minister Arif Virani said was necessary to address the provinces' concerns and to provide additional time for training.
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