A self-represented plaintiff, suffering from multiple health conditions including Asperger's and PTSD, sued the Government of Canada challenging the exclusion of mental illness from Medical Assistance in Dying (MAID) eligibility.
Following a prior ruling by Centa J. that the claim was not frivolous or vexatious, the Government of Canada sought to schedule a motion under Rule 21 to strike the claim for failing to plead a constitutional cause of action with sufficient specificity.
The court, acknowledging the plaintiff's self-represented status, declined to schedule the motion to strike at this stage.
Instead, the court directed the plaintiff to amend his Statement of Claim within 30 days to provide specific details regarding his illnesses, the Charter section relied upon, the specific legislation challenged, and any prior MAID applications or refusals.
The plaintiff was also directed to name "The Attorney General of Canada" as the defendant.
A further case conference was scheduled.