Claire Elyse Brosseau is seeking a constitutional exemption to access Medical Assistance in Dying (MAID) based solely on her mental illness, arguing that current legislation infringes upon her Charter rights. She filed an emergency motion with the Ontario Superior Court of Justice, citing the severe and unrelenting suffering caused by her bipolar and post-traumatic stress disorders.

Public Advocate for MAID Access

Brosseau, 49, made a rare public appearance Monday outside the Ontario Superior Court of Justice in Toronto, having remained indoors since January. She described her daily life as “unbearable,” stating, “Every morning I wake up I don’t think I’m going to make it through the day.”

Years of Suffering

Brosseau has battled severe bipolar and post-traumatic stress disorders for over three decades, leading to what she describes as unrelenting suffering. Her formal submission to the Ontario Superior Court of Justice on Monday requests access to MAID specifically due to her mental illness.

Charter Challenge and Legal Action

This action follows a charter challenge filed in August 2024 by Brosseau and Dying with Dignity, which contends that excluding individuals with mental illness as the sole basis for MAID violates the Canadian Charter of Rights and Freedoms. Brosseau is seeking a constitutional exemption to allow her to receive MAID, currently limited to those with a serious and incurable medical condition.

Hope for a Timely Hearing

Brosseau’s legal counsel, Michael Fenrick, expressed hope for a hearing before the summer. He emphasized the extraordinary nature of the request, stating, “This is an extraordinary remedy which we are pursuing, but the situation that Claire finds herself in is also extraordinary.”

Government Review and Concerns

The federal government has repeatedly delayed expanding MAID eligibility criteria. The issue is currently under review by a committee tasked with providing recommendations, with the latest extension expiring in March 2027.

Expert Testimony

The Centre for Addiction and Mental Health recently submitted a report to the committee, raising concerns about the lack of established criteria and consensus among psychiatrists regarding when a mental illness should be considered irremediable. Dr. Allison Crawford, chief medical officer for 9-8-8: Suicide Crisis Helpline, testified against expansion, stating there is no reliable way to differentiate between suicidal intent and a genuine desire for MAID. She argued, “Given the significant overlap between suicidal thoughts and behaviours and MAID, we will best serve those who are suffering with enhanced suicide prevention efforts.”

Minister's Response

Health Minister Marjorie Michel informed The Canadian Press last week that she is awaiting the committee’s recommendations, acknowledging the gravity of the decision. She stated, “It is a big decision. Is there a good or bad decision? I don’t think so. But it’s a decision that involves Canadians’ lives.”

Ongoing Suffering and Delays

Brosseau continues to endure ongoing suffering while awaiting a resolution. She poignantly expressed the impact of the delays, stating, “I want to be clear about what these delays mean for me personally. Every month of delay is another month is suffering that I am told I must simply endure.”

This news was initially published by The Canadian Press on May 4, 2026. Funding for Canadian Press health coverage is provided through a partnership with the Canadian Medical Association, with CP maintaining sole responsibility for the content. Hannah Alberga reported for The Canadian Press.