Claire Elyse Brosseau denied emergency relief to receive medical assistance in dying (MAID) with mental illness as the sole underlying medical condition

TORONTO, Sept. 3, 2026 /CNW/ -- Today the motion filed by Claire Elyse Brosseau requesting an emergency stay for the exclusion for MAID eligibility for persons whose sole underlying medical condition is a mental illness was denied by the Ontario Superior Court of Justice. This means that Ms. Brosseau is not being granted emergency access to MAID eligibility. She and her legal team will take some time to review the decision and discuss next steps. However, the Court did mandate immediate action on the larger court challenge that Dying With Dignity Canada, Ms. Brosseau, and Dr. Patricia Smith are engaged in.

"I am disappointed yet not surprised that my emergency motion was denied. It is yet another barrier put in front of me that is forcing me to extend my suffering, and yet another example of governmental systems telling people with mental illnesses that we do not have the same rights nor the same autonomy as others. This is not living – I do not have a life.  I am merely existing, and being forced to keep doing so, while suffering, because someone other than me thinks they know better about my future and my prognosis. I am tired of fighting for the rights that others in Canada have, and tired of being discriminated against because of my diagnosis," stated Ms. Brosseau.

Under current MAID legislation in Canada, persons whose sole underlying medical condition is a mental illness are not eligible for MAID. MAID was legalized in Canada in 2016, for persons with a reasonably foreseeable natural death.  In 2021 the government introduced Bill C-7, which brought with it Track 2 MAID. At the same time, they introduced a sunset clause exempting individuals whose sole underlying medical condition is a mental illness from MAID eligibility. This clause has since been extended twice and is currently set to expire in March 2027.

In early 2026 Parliament reconvened the Special Joint Committee on Medical Assistance in Dying (AMAD) and tasked them with evaluating the eligibility for MAID for persons whose sole underlying medical condition is a mental illness. Their recommendation, while not unanimous, was for an "indefinite exclusion" from MAID access for this group of people. The government's response to this recommendation is expected in the fall.

Ms. Brosseau's legal journey began in 2024, when she, alongside Dying With Dignity Canada and Dr. Patricia Smith, issued a court challenge with the Ontario Superior Court of Justice arguing that the exclusion of individuals living with a grievous and irremediable mental illness as their sole condition is discriminatory and violates the rights to equality, and liberty and security of the person as protected by the Canadian Charter of Rights and Freedoms.  At that time, she was assessed by two independent clinicians who deemed her eligible for MAID, based on MAID Track 2 criteria.

Ms. Brosseau has lived with severe and persistent mental illness for decades. On May 4, 2026, a motion was filed by her legal team requesting a personal exemption from the exclusion of people with the sole underlying condition of mental illness from accessing MAID. This was, according to her legal team, an extraordinary step and an extraordinary constitutional remedy.

"Dying With Dignity Canada envisions a world where everyone who wishes to consider a MAID death can do so. While the decision today was not what we wanted, it did call for an urgent case conference on the court challenge we issued alongside Claire and Dr. Patricia Smith. The ongoing exemption for a group of people from MAID eligibility on the basis of a diagnosis alone is discriminatory, and wrong. It is time for the government to take action on this larger case so the systemic challenges in MAID access for all eligible persons across Canada can finally be addressed," stated Helen Long, CEO of Dying With Dignity Canada. 

"This is of course not the decision we wanted to see, and we continue to believe that Ms. Brosseau has suffered long enough and should be eligible to be assessed for access to MAID.  We will take some time to review the decision before considering our next legal steps," said Michael Fenrick, legal counsel for Ms. Brosseau.

Please visit the Dying With Dignity Canada media centre for additional information.  www.dyingwithdignity.ca 

About Dying With Dignity Canada

Dying With Dignity Canada is the national human-rights charity committed to improving quality of dying, protecting end-of-life rights, and helping people across Canada avoid unwanted suffering.

SOURCE Dying With Dignity Canada Inc.

Contacts: For media inquiries, please contact: Christy Laverty, Communications and Media Specialist, Dying With Dignity Canada, [email protected], 1-800-495-6156 x 231