Push to change national bar association’s position on assisted dying expansion fails

OTTAWA — The Canadian Bar Association has voted to maintain its support for allowing people to seek a medically assisted death solely on the grounds of a mental disorder. 

The asociation’s members met virtually on Thursday for their annual general meeting to debate a series of resolutions, including one aimed ending the group’s support for the change. 

A committee of senators and members of Parliament recently recommended that the government wait on its controversial expansion of access to medical assistance in dying. 

The committee heard warnings from representatives of the bar association who said the government would open itself up to future legal challenges as a result.

The expansion was set to take effect in March, but the Liberal government has tabled legislation to delay it by another three years — well after the next general election. 

Critics say nothing in law compels Canada to move ahead, while proponents say people with mental illness should have the same rights as those with debilitating physical conditions. 

The resolution itself called on the association to withdraw previous statements of support, and instead urge Ottawa to wait “until there is a reliable manner to determine whether the psychiatric conditions are irremediable.”  

Various organizations representing disability rights have reservations about the expansion and expressed support for the resolution, but it ultimately went down to defeat. 

Senators and MPs have cited outstanding questions about how best to determine a mental condition is irremediable, and how to distinguish it from temporary thoughts of suicide. 

Opposition Conservative Leader Pierre Poilievre says if his party forms the next government he will axe the planned expansion. It is pressing the Liberals to do the same, but say they still plan to support the three-year delay. 

The federal New Democrats also say a pause is needed and that before an expansion is considered, more money and effort needs to flow to improving Canadians’ access to mental health supports. 

This report by The Canadian Press was first published Feb. 8. 2024. 

Stephanie Taylor, The Canadian Press