Toronto woman seeks court exemption to access MAID

A Toronto woman who says she is desperate to die has filed an emergency motion with the Ontario Superior Court of Justice to receive a medical assisted death for the sole underlying condition of a mental illness.

Claire Elyse Brosseau said Monday that her severe bipolar and post traumatic stress disorders have only worsened over the last three decades and that she can no longer endure this “unrelenting suffering.”

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 says 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.

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

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.

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

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By Hannah Alberga | Copyright 2026, The Canadian Press. All rights reserved.