Claire Elyse Brosseau to seek emergency relief to receive MAID with mental illness as the sole underlying medical condition

TORONTO, May 4, 2026 /CNW/ - Claire Elyse Brosseau, the plaintiff in a court case facing the Government of Ontario, today is filing an urgent motion with the court to obtain emergency relief to grant her the right to access Medical Assistance in Dying (MAID) with mental illness as the sole underlying medical condition.

MAID became a legal end-of-life option in 2016, following the Carter v Canada decision, for those who meet the eligibility criteria. In 2021, Canada's MAID legislation was amended to remove the eligibility requirement that natural death be reasonably foreseeable. A clause was included in this amendment which saw individuals whose sole underlying condition is a mental illness be excluded from eligibility for MAID for two years. This exclusion has twice been extended, adding an additional four years. The amendment is currently set to expire in 2027. 

These delays are unnecessary and painful and directly impact only one small yet very specific group of people - individuals living with grievous and irremediable mental illnesses. It is deeply inequitable and adds to the burden a discriminated and stigmatized population already faces in Canadian society.

As a result of the repeated unnecessary delays with this amendment, Claire Elyse Brosseau, an individual living with grievous and irremediable mental illness, was forced to try a different approach. In August of 2024 -- more than 18 months ago -- Ms. Brosseau, Dr. Patricia Smith, and Dying With Dignity Canada, filed a court challenge with the Ontario Superior Court of Justice arguing that the exclusion of individuals living with grievous and irremediable mental illness from MAID eligibility is discriminatory. It violates the rights to equality and liberty and security of the person protected by the Canadian Charter of Rights and Freedoms. 

Today, Ms. Brosseau, alongside Dying With Dignity Canada, announced that she is seeking, on an urgent basis, an exemption or stay from the exclusion of people with the sole underlying condition of mental illness from accessing MAID. "I want to be clear about what these delays means for me personally. Every month of delay is another month of suffering that I am told I must simply endure. I've been patient for years. No more. The government's unwillingness to respond to my claim and live up to its promises has pushed me to my absolute limit," said Claire Elyse Brosseau.

As part of the court challenge launched in 2024, Ms. Brosseau has been assessed by two MAID assessors and deemed eligible for MAID. She will seek emergency relief from the court in the hopes she will be able to access MAID.

"Claire has been made to suffer needlessly for years. She has attempted to follow the path the system laid out for individuals living with grievous and irremediable illnesses, despite multiple obstacles being placed in front of her. Determined to change the rules for others in her situation, Ms. Brosseau has been fighting not just for herself, but for the benefit of all who live with such devastating illnesses, and she is now exhausted." said Helen Long, CEO of Dying With Dignity Canada. "The government's callous treatment of her and complete disregard for equal rights and appropriate process has brought us to this situation today. We stand with Claire, and all people who seek compassionate relief from their suffering."

The legal avenue Ms. Brosseau is taking is an extraordinary step. The relief sought is also an extraordinary constitutional remedy, according to Ms. Brosseau's legal team. If her motion is granted, Ms. Brosseau will be permitted to access MAID despite the exclusion because she has already been found to meet all eligibility criteria by two clinicians.

"The government should do the right thing and lift the exclusion that denies me the relief to my suffering that I am desperate for. The government holds all the power here -- the power to respect my Constitutional rights or at least, the power to move my legal case forward. It has failed people like me," added Brosseau. "So today I am asking the Court to act. I am asking Canadians to bear witness. And I am asking the Attorney General of Canada to look at what these delays cost -- not in legal fees, not in political capital -- but in human suffering."

Ms. Brosseau and her legal team expect to be before a judge as soon as court will allow. A date has yet to be set.    

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