OTTAWA — A man who says he suffers from chronic and worsening mental health issues is among those launching a court challenge of the federal government assisted dying law, which excludes people suffering solely from a mental disorder.
An application filed by Dying with Dignity in Ontario Superior Court on Monday argues that it is discriminatory to bar people with mental disorders from being eligible for an assisted death when it is available to people who suffer physically.Plaintiff John Scully said going to court is his last hope.
The Liberal government announced in February it would delay a planned expansion to the assisted-dying regime that would have allowed people with mental disorders to be considered starting in March. The expansion has been delayed until 2027. "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," the documents state.
People with intolerable mental disorders were initially supposed to be able to be assessed for an assisted death beginning in March 2023. Months before the change was to take effect, the government announced it would legislate a one-year delay to give clinicians more time to be trained. Proponents of the expansion argued against the delay, saying that training materials had been developed and clinicians who already assess patients for assisted dying said they were ready.
Helen Long, the CEO of Dying with Dignity Canada, said it's disappointing to have to turn to the courts to force the government to enact its own legislation.Long said her organization has heard from people and families about the hardship caused by the repeated delays.
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