Canada Introduces Bill C-41 to Amend MAID Laws

The Canadian federal government introduced Bill C-41 in the House of Commons on October 27, 2026, to amend the Criminal Code regarding medical assistance in dying (MAID). The legislation proposes barring individuals whose sole underlying medical condition is mental illness from accessing the procedure, effectively blocking a scheduled expansion that would have granted eligibility by March 17, 2027.

Simultaneously, the bill would decriminalize advance requests, allowing adults with incurable capacity-limiting diseases, such as Alzheimer's or ALS, to request assisted death before they lose the ability to consent. To manage this, the federal government established baseline safeguards, including a requirement for two independent medical assessments and a prohibition on the procedure if the patient resists.

Sean Fraser, the Minister of Justice, acknowledged that the policy is controversial and may create a patchwork of access across the country. Because the federal government leaves implementation to provinces and territories, jurisdictions can add their own criteria or ban the practice entirely. Quebec already permits advance requests, while Alberta has passed legislation to bar them.

The bill faces criticism from various stakeholders. Dying with Dignity Canada argued that the provincial implementation framework effectively gives each province a veto, increasing inequity. Inclusion Canada supported the mental health exclusion but opposed bundling it with advance request legislation, citing concerns over disability rights and the risk of leaving consequential judgments to others.