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Yes, but this person must meet all the eligibility criteria listed above. In other words, a person who has a physical illness that meets the criteria, in addition to a mental health problem, can access MAID as long as they have the capacity to consent.

However, a person suffering from only a mental illness, without another medical condition, will not be eligible for MAID until March 17, 2023, according to the Canadian Criminal Code. Legislation will need to be developed by this date, to address such requests.