A woman from Toronto is taking her fight for medical assistance in dying (MAID) to the Ontario Superior Court, claiming that she should not have to endure further waiting as the federal government deliberates on the inclusion of those with mental illnesses in assisted dying legislation. Claire Brosseau, 49, who lives with bipolar disorder, is pressing for immediate access to MAID, arguing that her prolonged suffering warrants urgent action.
Legal Action Against the Federal Government
Ms. Brosseau is already embroiled in a legal challenge against the federal government, which has made a decision to exclude individuals whose only underlying condition is mental illness from accessing MAID. In a recent court application, she is seeking an order that would allow her to end her life with medical assistance without further delay. “I’ve been in treatment for 35 years across multiple cities and systems; this is not a phase,” she stated in an interview. “At some point, it stops being about trying treatment, and it starts being about long-term survival. We don’t ask cancer patients to wait for a hypothetical cure before treating their suffering.”
Her case comes at a pivotal time, as a special joint committee of parliamentarians is currently examining the complexities surrounding MAID for patients suffering from mental health conditions.
Parliamentary Scrutiny and Public Pressure
The discourse around MAID has intensified, facing scrutiny not only from within parliament but also from various advocacy groups and religious organisations. Critics, including the United Nations Committee on the Rights of Persons with Disabilities, have raised concerns regarding the permissiveness of Canada’s MAID regime, encouraging a reassessment of existing laws. The committee is expected to conclude its final hearings soon, aiming to provide recommendations to the federal government by October 2.
The current MAID legislation, enacted in June 2016, was designed to assist patients whose deaths were deemed “reasonably foreseeable.” A 2021 amendment, prompted by a Quebec court ruling, expanded eligibility to patients with incurable conditions like multiple sclerosis. However, it also included a two-year temporary ban on those whose sole condition is mental illness, allowing more time for evaluation.
The Personal Impact of Bipolar Disorder
Diagnosed with Bipolar 1 disorder over 35 years ago, Ms. Brosseau’s condition significantly impairs her daily functioning, confining her largely to her home
