Toronto woman seeks court exemption to access MAID

Claire Elyse Brosseau said she hadn’t been outside since January.

She made an exception Monday to make her latest plea for a medically assisted death outside of the Ontario Superior Court of Justice.

“It’s unbearable. Every morning I wake up I don’t think I’m going to make it through the day,” Brosseau said.

Her severe bipolar and post traumatic stress disorders have only worsened over the last three decades to the point that she can no longer endure this “unrelenting suffering,” she said.

On Monday, Brosseau filed an emergency motion with the Ontario Superior Court of Justice to receive a medically assisted death for the sole underlying condition of a mental illness.

In August 2024, Brosseau and the advocacy group Dying with Dignity filed a charter challenge arguing that MAID’s exclusion of Canadians whose sole underlying condition is a mental illness is a breach of the Canadian Charter of Rights and Freedom.

The 49-year-old said she is now also seeking a constitutional exemption that would allow her to receive MAID, which is currently restricted to people who have a serious and incurable medical condition.

Plaintiff Claire Elyse Brosseau pauses for a portrait outside the Ontario Superior Court of Justice in Toronto, on Monday, May 4, 2026. Brosseau is mounting a court challenge to secure MAID access for herself and others whose sole underlying condition is a mental illness.THE CANADIAN PRESS/Sammy Kogan

Brosseau’s lawyer Michael Fenrick said he hopes a judge will set a court date for the motion before the summer.

“This is an extraordinary remedy which we are pursuing, but the situation that Claire finds herself in is also extraordinary,” Fenrick said as he stood beside her outside the Toronto courthouse.

The federal government has delayed expanding eligibility several times. The matter is currently being studied by a committee set to make recommendations before the latest extension expires in March 2027.

The Centre for Addiction and Mental Health submitted a brief to the committee last week expressing concern that there is no established criteria, or consensus amongst psychiatrists, for if or when a mental illness should be considered irremediable.

Dr. Allison Crawford, chief medical officer for 9-8-8: Suicide Crisis Helpline, also testified against the expansion last week, stating that there is no credible evidence that suicidal intent can be reliably distinguished from an interest in MAID.

“Given the significant overlap between suicidal thoughts and behaviours and MAID, we will best serve those who are suffering with enhanced suicide prevention efforts,” Crawford said.

Health Minister Marjorie Michel told The Canadian Press last week that she was waiting to see what the committee recommends.

“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,” Michel said.

Toronto woman seeks court exemption to access MAID Plaintiff Claire Elyse Brosseau, centre, Counsel Michael Fenrick, left, and Dying With Dignity Canada CEO Helen Long speak to media outside the Ontario Superior Court of Justice in Toronto, on Monday, May 4, 2026. Brosseau is mounting a court challenge to secure MAID access for herself and others whose sole underlying condition is a mental illness.THE CANADIAN PRESS/Sammy Kogan

In the meantime, Brosseau is left waiting.

“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 report by The Canadian Press was first published May 4, 2026.

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