A Toronto woman has filed an urgent motion with the Ontario Superior Court of Justice seeking permission to access Medical Assistance in Dying (MAID), arguing that her sole underlying condition—mental illness—should not disqualify her.
Claire Elyse Brosseau, 49, says she has endured decades of severe bipolar disorder and post-traumatic stress disorder, describing her condition as “unrelenting suffering” that she can no longer bear. She is now asking the court for a constitutional exemption that would allow her to receive MAID under current laws, which restrict eligibility to individuals with serious and incurable physical medical conditions.
Brosseau is part of a broader legal challenge launched in 2024 alongside advocacy group Dying With Dignity Canada. The case argues that excluding individuals whose sole condition is a mental illness violates rights protected under the Canadian Charter of Rights and Freedoms.
Her lawyer, Michael Fenrick, is seeking a court hearing before the summer, emphasizing the urgency of the request given her ongoing suffering.
The issue remains under national review. The federal government has postponed expanding MAID eligibility to include mental illness multiple times, and a parliamentary committee is currently studying the matter. Recommendations are expected before the latest deadline extension expires in March 2027.
The case highlights the ongoing and complex debate in Canada over end-of-life rights, mental health, and the scope of assisted dying laws.