Canada's assisted-dying law faces constitutional fight for excluding mental disorder

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

A man who says he suffers from chronic and worsening mental health issues is among those launching a court challenge of the federal government 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 to bar people with mental disorders from being eligible for an 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.

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

"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, not only mentally but physically.