Assisted dying law faces constitutional challenge over exception for mental disorders

A man who says he suffers from chronic and worsening mental health issues is among those pursuing a court challenge of the assisted dying law, which excludes people suffering solely from a mental disorder.

An application filed by Dying with Dignity in Ontario Superior Court on Monday argues that it is discriminatory for the federal government to bar people with mental disorders from eligibility for assisted death when it is available to people who suffer physically.

The organization is asking the court to immediately quash the mental-health exclusion.

Plaintiff John Scully said going to court is his last hope.

The former war correspondent said no medication, treatment or therapy has eased the post-traumatic stress disorder he suffers from, along with depression and anxiety. All are made worse by sleep deprivation, he added.

«In the last 36 hours, I've had four hours [of] sleep,» he said in a recent interview. «And the sleep is polluted with nasty, vicious nightmares.»

At 83, Scully said his condition is worsening by the day, both mentally and physically.

«I feel it's incumbent on me to rattle whatever cage I can, to say not, 'Look at me,' but 'Look at us,'» he said. «For God's sake, do something about it.»

The Liberal government announced in February it would delay a planned expansion to the assisted-dying regime that would have allowed people with mental disorders to be considered starting in March. The expansion has been delayed until 2027.

The government cited some provinces' concerns about readiness and outstanding questions from psychiatrists about how clinicians could determine whether someone's mental illness could be cured.

Mental-health exclusion violates Charter: plaintiffs

Dying with Dignity, Scully and a third