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Ontario Court Dismisses Toronto Woman's Motion to Apply for MAID for Mental Illness
The ruling upholds Canada’s current MAID ban for mental illness alone, leaving Brosseau without an exemption after she sought relief from persistent suffering.
An Ontario Superior Court judge dismissed a motion seeking a constitutional exemption that would have allowed Toronto resident Claire Brosseau to apply for MAID based solely on mental illness.
Brosseau, a 49-year-old, filed the motion citing treatment for bipolar disorder, an eating disorder, substance use disorder, and post-traumatic stress disorder.
Her legal team argued in court that she required emergency relief from persistent suffering that began in childhood and intensified over the last 35 years.
Canadians are currently ineligible to apply for MAID on the basis of mental illness alone, a policy that has remained highly controversial since 2021.
This dismissal, reported by The Canadian Press on Sept 3, confirms the current legal framework remains in place regarding the temporary exclusion for mental health conditions.