Toronto, Monday, May 4, 2026… Today, we have filed an urgent motion with the court to obtain emergency relief for Claire Brosseau. She is seeking, on an urgent basis, an exemption or stay from the discriminatory exclusion of people with the sole underlying condition of mental illness (MI-SUMC) from access to medical assistance in dying (MAID) — an exclusion which adds to her suffering by perpetuating it.  

Because she has already been found to meet all the eligibility criteria, if Claire’s motion is granted, she will be permitted to access MAID despite the exclusion. But this is a remedy that would, for now, only apply to her.   

This is an extraordinary step for Claire. No one — least of all Claire — wanted to take this step, because it means that her suffering has become so intolerable she can no longer continue to endure it.  

The relief sought is also an extraordinary constitutional remedy. But Claire’s situation, and the situation of others in Canada like her, is equally extraordinary given government delays which have denied people living with mental illness the basic rights and autonomy to make decisions for themselves and to receive treatment which can relieve their intolerable suffering.  

We will be in front of a judge as soon as the court will hear us to get justice for Claire. Every day which passes is a day in which her enduring and intolerable suffering continues needlessly.  

And while we hope, for Claire’s sake, that we prevail in her individual motion, there are others who will continue to be forced to endure the intolerable suffering resulting from their mental illness. We will not stop fighting to end this discriminatory treatment. 

— Michael Fenrick, legal counsel for Ms. Brosseau and Dying With Dignity Canada 

Read the full press release.