Assisted dying in Canada has lessons for psychiatrists in Australia and New Zealand—just not the ones you might think

Canada offers important lessons for other countries concerning access to medical assistance in dying for persons with mental disorders, but these lessons are not obvious because the legal context is often misunderstood, and the best available analyses of medical assistance in dying data are underreported or unreported in media narratives. Canada’s legal framework stems from the Supreme Court of Canada’s decision in Carter v. Canada , which held that prohibiting medical assistance in dying for capable adults with a grievous and irremediable medical condition violated the Canadian Charter of Rights and Freedoms . Although the Parliament subsequently narrowed eligibility by requiring that “natural death has become reasonably foreseeable,” this addition was later ruled unconstitutional in the Quebec Superior Court decision in Truchon v. Canada , prompting legislative reform. Among the amendments following Truchon , the government introduced a temporary 2-year exclusion of individuals with “mental illness” as their sole underlying medical condition—extended twice until March 2027. In this commentary, we explain the evolution of the medical assistance in dying law in Canada and describe the current state of affairs. Evidence from Canada does not support claims of either legal or empirical slippery slopes, systemic abuse or non-compliance, or permissiveness beyond that of comparable international jurisdictions. We then draw some lessons for psychiatrists in Australia and New Zealand: psychiatrists should be accurate in their public statements, combat misinformation, and strive to prevent divisive professional discourse.

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Publication Details

Journal
Australian & New Zealand Journal of Psychiatry
Published
2026-10-30
DOI
https://doi.org/10.1177/00048674261489460
Primary Topic
Health, Medicine and Society
Type
article
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article

Assisted dying in Canada has lessons for psychiatrists in Australia and New Zealand—just not the ones you might think

Jocelyn Downie, Mona Gupta
Australian & New Zealand Journal of Psychiatry
Health, Medicine and Society
article

Assisted dying in Canada has lessons for psychiatrists in Australia and New Zealand—just not the ones you might think

Jocelyn Downie, Mona Gupta
article en

Abstract

Canada offers important lessons for other countries concerning access to medical assistance in dying for persons with mental disorders, but these lessons are not obvious because the legal context is often misunderstood, and the best available analyses of medical assistance in dying data are underreported or unreported in media narratives. Canada’s legal framework stems from the Supreme Court of Canada’s decision in Carter v. Canada , which held that prohibiting medical assistance in dying for capable adults with a grievous and irremediable medical condition violated the Canadian Charter of Rights and Freedoms . Although the Parliament subsequently narrowed eligibility by requiring that “natural death has become reasonably foreseeable,” this addition was later ruled unconstitutional in the Quebec Superior Court decision in Truchon v. Canada , prompting legislative reform. Among the amendments following Truchon , the government introduced a temporary 2-year exclusion of individuals with “mental illness” as their sole underlying medical condition—extended twice until March 2027. In this commentary, we explain the evolution of the medical assistance in dying law in Canada and describe the current state of affairs. Evidence from Canada does not support claims of either legal or empirical slippery slopes, systemic abuse or non-compliance, or permissiveness beyond that of comparable international jurisdictions. We then draw some lessons for psychiatrists in Australia and New Zealand: psychiatrists should be accurate in their public statements, combat misinformation, and strive to prevent divisive professional discourse.

Australian & New Zealand Journal of Psychiatry
Dalhousie University (CA), Université de Montréal (CA)
Good health and well-being, Peace, justice, and strong institutions
Openalex Percentile: Top 8%
Health, Medicine and Society
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Assisted dying in Canada has lessons for psychiatrists in Australia and New Zealand—just not the ones you might think — Jocelyn Downie, Mona Gupta · Australian & New Zealand Journal of Psychiatry (2026) | TGRS Research Map | TGRS