Ontario court denies MAID exemption for mental illness

An Ontario judge has denied a motion by Claire Brosseau, a 49-year-old former actress and comedian from Toronto, to receive a special exemption to apply for medically assisted dying (MAID) based solely on mental illness.

Justice Carissima Mathen acknowledged that Brosseau’s evidence of decades of suffering from conditions including bipolar disorder, PTSD, and eating disorders was credible. However, the court ruled that granting an individual exemption could have broader legal consequences that cannot be overlooked. Current Canadian law prevents individuals from accessing MAID if mental illness is their only underlying condition, a restriction set to remain in place until at least March 2027.

While the motion for an exemption was denied, the judge ordered the Attorney General of Canada to respond to a constitutional challenge Brosseau launched two years ago. Brosseau argues that the current legislation violates the Canadian Charter of Rights and Freedoms by denying people with mental illnesses the same autonomy and equal rights as others. The parties have 14 days to establish a schedule for the ongoing legal proceedings.