Anaya Nolan
Suicide in Canada has been a topic of much debate and legislative change over the years. While suicide itself is not illegal in the country, the act of assisting someone in taking their own life has been the subject of legal challenges and ethical discussions. In 1972, Canada repealed the offence of attempting suicide from its Criminal Code, recognising the unnecessary nature of legal deterrence. However, the law surrounding assisted suicide, including physician-assisted suicide, remained contentious. With the passing of Bill C-14 in 2016, Canada legalised medical euthanasia and physician-assisted suicide, collectively known as Medical Aid in Dying (MAID). This legislation has sparked concerns within the mental health community, as it potentially blurs the line between acceptable and unacceptable medical practices.
| Characteristics | Values |
|---|---|
| Suicide decriminalized in Canada | 1972 |
| Physician-assisted suicide decriminalized in Canada | 2015 |
| Suicide rate in Canada (2012) | 11.3 per 100,000 |
| Suicide rate in Canada (2010) | 11.6 per 100,000 |
| Suicide rate in Canada (2007) | 11.1 per 100,000 |
| Suicide rate in Canada (2011) | 16.3 (male), 5.4 (female) |
| Suicide rate in Canada (2011, for youth aged 15-19) | 140 (male), 58 (female) |
| Suicide rate in Canada (2010, in Alberta) | 1,833 suicide attempts per death |
| Average suicide rate in Canada | 11 per 100,000 |
| Average suicide rate in Canada (male) | 17.3 per 100,000 |
| Average suicide rate in Canada (female) | 5.4 per 100,000 |
| Suicide rate in Canada compared to the US (2010) | 12.1 per 100,000 (US) |
| Suicide rate in Canada compared to motor vehicle crashes (2009) | 6.6 per 100,000 (motor vehicle crashes) |
| Bill passed to permit medical euthanasia and physician-assisted suicide | Bill C-14 (2016) |
| Number of individuals euthanized by November 2020 | 13,000 |
| Number of individuals euthanized by November 2020 | 19,000 |
| Law passed to allow MAID for those whose natural death was "not reasonably foreseeable" | Bill C-7 (2021) |
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What You'll Learn
- Suicide was decriminalised in Canada in 1972
- Assisted suicide was decriminalised in 2015
- The right to assisted suicide has been debated in provincial and federal legislatures
- The Supreme Court of Canada upheld the prohibition against assisted suicide in 1993
- The Liberal government introduced Bill C-7 in 2020, which proposed to allow MAID for those with a natural death that was not reasonably foreseeable
Suicide was decriminalised in Canada in 1972
It wasn't until 1972 that Parliament repealed the offence of attempting suicide from the Criminal Code. This was based on the argument that a legal deterrent was unnecessary. However, the prohibition on assisting suicide remained in place, with a maximum penalty of 14 years' imprisonment.
In the following decades, there was much debate about the law, with reports from the Law Reform Commission of Canada in 1982 and 1983 failing to support changing the law. In 1993, the prohibition against assisted suicide was challenged by Sue Rodriguez in the Supreme Court of Canada (Rodriguez v. British Columbia). The court upheld the status quo, but Rodriguez ended her life in 1994 with the assistance of an unknown physician.
In 2011, the BC Civil Liberties Association filed a lawsuit challenging the law prohibiting assisted suicide on behalf of the families of Kay Carter and Gloria Taylor, both of whom suffered from debilitating conditions. This case came before the Supreme Court in 2014, and in 2015, the court voted unanimously to allow physician-assisted suicide for competent adults with grievous and irremediable medical conditions who clearly consented to the termination of life.
In 2016, Canada passed Bill C-14, a law permitting medical euthanasia and physician-assisted suicide, together known as Medical Aid in Dying (MAID). However, this law did not initially include psychiatric conditions, as death from mental disorders was not considered strongly predictable. In 2020, the Liberal government introduced Bill C-7, which proposed to allow MAID for those whose natural death was "not reasonably foreseeable". This bill was passed in December 2020 and became law in March 2021, including a sunset clause that would allow MAID for mental illness after a 2-year interval.
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Assisted suicide was decriminalised in 2015
Suicide was decriminalised in Canada in 1972. However, physician-assisted suicide remained illegal until 2015.
The decriminalisation of assisted suicide in Canada was a long and contentious process. In 1993, the prohibition against assisted suicide was challenged by Sue Rodriguez (see Rodriguez v. British Columbia, 1993). The case led to considerable public discussion of the issue, but the Supreme Court of Canada upheld the status quo. Despite this setback, the debate around assisted suicide continued, with two reports of the Law Reform Commission of Canada published in 1982 and 1983. These reports did not support changing the law, but they kept the issue in the public eye.
In 2011, the BC Civil Liberties Association filed a lawsuit challenging the law prohibiting assisted suicide, this time on behalf of the families of Kay Carter and Gloria Taylor, both of whom suffered from debilitating conditions. This case eventually came before the Supreme Court in 2014. On February 6, 2015, the court voted unanimously (9-0) to allow physician-assisted suicide for "a competent adult person who (1) clearly consents to the termination of life; and (2) has a grievous and irremediable medical condition (including illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition."
The court's decision was based on the reasoning that the Criminal Code prohibition was unconstitutional because it breached the rights to life, liberty, and security of the person as enshrined in section 7 of the Charter of Rights and Freedoms. This ruling marked a significant shift in the legal and ethical landscape of Canada, and it opened the door for further developments in the recognition and protection of individual rights and freedoms.
Following the Supreme Court decision, new federal legislation was established on June 17, 2016, to provide procedural safeguards and eligibility criteria for medically assisted suicide. This legislation, known as Medical Assistance in Dying (MAiD or MAID), further amended in March 2021 by Bill C-7, has been the subject of ongoing debate and controversy, particularly around the inclusion of individuals with mental illnesses as eligible for MAID.
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The right to assisted suicide has been debated in provincial and federal legislatures
Suicide was decriminalized in Canada in 1972, but assisting suicide remained a criminal offence under section 241(b) of the Criminal Code. The law stated that anyone found guilty of counselling another to take their own life or aiding a suicide could be imprisoned for up to 14 years, even if the attempt was unsuccessful.
There has been much debate in Canada's provincial and federal legislatures concerning the right of individuals to assisted suicide, particularly in cases where a person's disability prevents them from doing so without assistance. In 1993, the prohibition against assisted suicide was challenged by Sue Rodriguez in the case of Rodriguez v. British Columbia. The case led to considerable public discussion, but the status quo was upheld by the Supreme Court of Canada. In 2011, the BC Civil Liberties Association filed a lawsuit challenging the law prohibiting assisted suicide, this time on behalf of the families of Kay Carter and Gloria Taylor, both of whom suffered from debilitating conditions. In 2014, the case came before the Supreme Court.
In February 2015, the court voted unanimously (9-0) to allow physician-assisted suicide for "a competent adult person who (1) clearly consents to the termination of life; and (2) has a grievous and irremediable medical condition (including illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition." The court reasoned that the Criminal Code prohibition was unconstitutional because it breached the rights to life, liberty, and security of the person, as enshrined in section 7 of the Charter of Rights and Freedoms.
In April 2016, Justice Minister Jody Wilson-Raybould tabled Bill C-14 in parliament to amend the Criminal Code to allow euthanasia. The bill restricted euthanasia to mentally competent adults with "enduring and intolerable suffering" and in cases where death was reasonably foreseeable. It also mandated a 10-day reflection period. After the House of Commons passed the bill, it was debated in the Senate in mid-June 2016, where the chamber amended the bill, expanding eligibility for euthanasia.
In February 2020, the Liberal government of Justin Trudeau introduced Bill C-7, which proposed to allow MAID (Medical Aid in Dying) for those whose natural death was "not reasonably foreseeable." The bill established safeguards for two different tracks: for those whose natural death was reasonably foreseeable and for those whose death was not. However, discussion of the bill was stalled by the COVID-19 pandemic. It was reintroduced in October 2020 and passed in the House of Commons by a vote of 212 to 107 on December 10, 2020. It was then debated in the Senate, which approved the bill with amendments in February 2021. The federal government presented a revised version of the bill, which became law on March 17, 2021. The legislation temporarily excludes (until March 17, 2023) persons suffering only from mental illness.
Bill C-7 has been criticized by some, including Canada's First Peoples and the Canadian Catholic Bishops, for being discriminatory against persons with disabilities and for undermining their equal right to live. The bill has also been criticized for abolishing some of the original C-14 safeguards, such as the 10-day waiting period.
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The Supreme Court of Canada upheld the prohibition against assisted suicide in 1993
In 1991, Sue Rodriguez was diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. This is a rapidly progressing neurological disease that attacks nerve cells controlling voluntary muscle movement. Facing a rapid decline into paralysis, Rodriguez wanted the legal right to have a qualified physician's help in ending her life at a time of her choosing. However, assisted suicide was illegal in Canada and punishable by up to 14 years in prison.
In December 1992, Rodriguez applied to the Supreme Court of British Columbia to have section 241(b) of the Criminal Code, which prohibited assisted suicide, declared constitutionally invalid on the grounds that it violated sections 7, 12, and 15 of the Canadian Charter of Rights and Freedoms. She lost her case and a subsequent appeal before applying to the Supreme Court of Canada.
On 30 September 1993, a 5-4 majority of the Supreme Court of Canada upheld section 241(b), declaring that it was constitutional and did not violate the Canadian Charter of Rights and Freedoms. The majority recognised that Rodriguez's right to security of the person was denied by section 241(b) because it deprived her of personal autonomy in decisions concerning her body and caused her physical pain and psychological distress. Nevertheless, they believed that the prohibition against assisted suicide upheld the principles of fundamental justice and, therefore, did not violate section 7 of the Charter.
In 2015, the Supreme Court of Canada unanimously overruled its 1993 decision, finding that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in section 7 of the Canadian Charter of Rights and Freedoms. The Court held that the Criminal Code provisions prohibiting assisted death were void and had no legal effect in relation to people who fulfilled certain conditions. This landmark decision allowed medically assisted suicide, which was officially legalized with the passing of the Medical Assistance in Dying (MAID) Act on 17 June 2016.
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The Liberal government introduced Bill C-7 in 2020, which proposed to allow MAID for those with a natural death that was not reasonably foreseeable
Suicide was decriminalised in Canada in 1972, and physician-assisted suicide was decriminalised in 2015. However, the law surrounding assisted suicide in Canada has been the subject of much debate.
In 2020, the Liberal government introduced Bill C-7, which proposed to allow MAID (Medical Assistance in Dying) for those with a natural death that was not reasonably foreseeable. This was in response to the Truchon case, in which the court found that, to protect the autonomy and competence of the applicants, the bill must be revised. The bill was first introduced in February 2020, but its discussion was stalled by the COVID-19 pandemic and the Liberal government's prorogation. It was reintroduced in October 2020 and passed in the House of Commons on 10 December 2020.
Bill C-7 proposed a 90-day waiting period for those whose natural death was not reasonably foreseeable, during which all aspects of the person's situation must be assessed. It also established safeguards for two different tracks: those whose natural death was reasonably foreseeable, and those whose death was not. The bill was met with mixed reviews, with some praising the proposed increased access to MAID, and others concerned that the bill went beyond what was required by the Truchon decision.
The federal government presented a revised version of Bill C-7, which became law on 17 March 2021. The legislation temporarily excludes (until 17 March 2023) persons suffering only from mental illness.
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Frequently asked questions
No, suicide is not illegal in Canada. However, counselling suicide, sometimes referred to as aiding and abetting suicide, is a criminal act.
Suicide was decriminalised in Canada in 1972.
Physician-assisted suicide was decriminalised in Canada in 2015.
In 2012, the latest year for which figures are available, 3,926 Canadians died by suicide. This equates to a rate of 11.3 per 100,000.
In 2016, Canada passed Bill C-14, a law permitting medical euthanasia and physician-assisted suicide, together known as Medical Aid In Dying (MAID). In 2021, the C-7 expansion of euthanasia in Canada became law, with a last-minute amendment to sunset the mental illness exclusion after 2 years.
