New legislation tabled by the Alberta government would introduce stricter limits on who can access medical assistance in dying, including cases where mental illness is the sole underlying condition.
If passed, the Safeguards for Last Resort Termination of Life Act would prohibit MAID in cases where a patient’s only condition is mental illness and restrict eligibility to patients nearing the end of life. The proposed law would also bar access for anyone under 18.
Premier Danielle Smith said the legislation is intended to strengthen protections for vulnerable people.
“This legislation strengthens safeguards and restores clear limits on eligibility to protect vulnerable Albertans facing mental illness or living with disabilities,” Smith said. “Those struggling with severe mental health challenges need treatment, compassion and support, not a path to end their life at what may be their lowest moment. In Alberta, a patient whose sole underlying condition is mental illness will not be eligible for MAID.”
Justice Minister Mickey Amery said the changes would reinforce that MAID should only be used as a last resort.
“We have a responsibility to protect vulnerable Albertans. This legislation will ensure that proper protections and oversight are in place and MAID only remains as an option of last resort,” Amery said.
Under the proposal, doctors and health-care facilities could opt out of assessing or providing MAID, while referrals outside Alberta would be prohibited and health-care professionals would be restricted from initiating conversations about the procedure with patients.
The legislation would also set new training standards for providers and introduce penalties for those who do not follow the rules.
Officials said the changes come as MAID cases continue to rise across Canada, particularly under what is known as Track 2 — where a person’s natural death is not reasonably foreseeable. According to the province, since the category was introduced in 2021, deaths under it have increased by 136 per cent in Alberta, while the national increase is reported at 226 per cent.
Kelsi Sheren, a former Canadian Armed Forces member and advocate for people with post-traumatic stress disorder, said the bill helps address concerns about vulnerable populations.
“Alberta’s legislation is a positive first step in slowing the unacceptable amount of MAID deaths that Canada has normalized – drawing a line to protect minors, the mentally ill and those who cannot advocate for themselves,” Sheren said.
Dr. Ramona Coelho, a family physician and member of Ontario’s MAID Death Review Committee, said the bill reinforces the principle that assisted dying should not replace care.
“Alberta’s legislation restores an essential principle: assisted dying must remain an exceptional end-of-life measure, not a substitute for proper medical care, disability supports, or social services,” Coelho said. “When the outcome is death, safeguards must be clear, enforceable and rigorously upheld. This bill helps ensure that care comes first.”
Mara Grunau, chief executive officer of the Canadian Mental Health Association in Alberta and the Centre for Suicide Prevention, said recovery from mental illness and suicidality is possible, “expected even.”
“For that reason, we welcome the steps Alberta is taking to strengthen protections for those experiencing mental illness,” Grunau said. “Our organization remains deeply committed to ensuring everyone in Alberta can access the mental health and social supports they need to thrive and find hope, today and for the future.”
The Alberta NDP said it will review the legislation before taking a position.
In a statement, justice critic Irfan Sabir, mental health and addictions critic Janet Eremenko and community and social services critic Marie Renaud said MAID affects people, families and communities during some of the most difficult times in their lives.
“Alberta’s New Democrats recognize the need for proper guardrails and oversight for people to access it. We recognize there are many different perspectives on MAID, and we are committed to listening to and respecting the communities affected by this legislation,” the statement said. “This newly proposed legislation on MAID in Alberta has just been tabled, so we will need time to carefully review it, engage with stakeholders, and understand its implications for all Albertans. At the heart of this are the people who deserve care, compassion, and dignity.”
The provincial government said it will continue consulting with health-care professionals, patients and families to ensure MAID remains regulated and focused on protecting vulnerable Albertans.
While provinces are responsible for delivering health care, including end-of-life services, MAID is governed under federal law by the Criminal Code.
