Legal Fight Over Extending MAID to Mental Illness

Toronto lawyer Michael Fenrick appeared before the Ontario Superior Court of Justice on behalf of 49-year-old Claire Brosseau, who has lived with bipolar 1 for more than three decades. Brosseau seeks an individual exemption that would permit medically assisted death (MAID) despite the current prohibition on MAID for patients whose sole condition is a mental illness. The motion, filed in May, was presented as an urgent request for “emergency relief.”

The Globe and Mail (Toronto)

Canada’s MAID program began in June 2016 and was broadened in 2021 after the Quebec Superior Court’s 2019 Truchon v. Canada decision, creating a “track two” pathway for incurable conditions. A temporary exclusion for mental-illness-only cases was inserted, intended to be lifted in March 2027. The federal government has delayed the repeal twice and is now preparing a response to a parliamentary-committee report released last month. The committee’s majority advised against extending MAID to mental illness, while four senators dissented, calling for Supreme Court review and criticizing the committee’s evidentiary rigor.

The Globe and Mail (Toronto)

Prime Minister Mark Carney told a June news conference that any expansion will be a government decision, emphasizing “the rights of Canadians” and that “the evidence is medical – based on expert advice.” Fenrick argued the committee report carries “as much weight as it should be given in the proceeding.” Justice Christine Baudouin of the Quebec Superior Court previously considered testimony from multiple psychiatrists when ruling on related MAID matters.

The Globe and Mail (Toronto)

Inclusion Canada, a disability-rights organization, will intervene in the hearing, opposing both the mental-illness expansion and the existing “track two” framework. CEO Krista Carr warned that the motion seeks a court-authorized death that “no trial or later judgment can undo,” and called for a full evidentiary hearing on the constitutional issues.

The Globe and Mail (Toronto)

• “It’s a question of the rights of Canadians, and the evidence is medical – based on expert advice,” — Mark Carney, Prime Minister

The Globe and Mail (Toronto)

• “that’s about as much weight as it should be given in the proceeding.” — Michael Fenrick, lawyer

The Globe and Mail (Toronto)

• “Constitutional questions this big should be decided on full evidence, after a full hearing,” — Krista Carr, CEO, Inclusion Canada

The Globe and Mail (Toronto)

• “The organization said in a statement that the motion is asking the Ontario Superior Court to authorize a death, in the case of Ms.” — Inclusion Canada statement

The Globe and Mail (Toronto)