An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2

Sponsor

Mark Holland  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends An Act to amend the Criminal Code (medical assistance in dying) to provide that persons are not eligible, until March 17, 2027, to receive medical assistance in dying if their sole underlying medical condition is a mental illness.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 15, 2024 Passed 3rd reading and adoption of Bill C-62, An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2
Feb. 15, 2024 Passed 3rd reading and adoption of Bill, (previous question)

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:15 p.m.
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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, it is with a sense of profound responsibility and pride that I address the House today regarding the government's proposed bill, Bill C-62, aimed at extending the temporary suspension of eligibility for medical assistance in dying, MAID, for individuals suffering exclusively from mental illness, for an additional three years. This discussion is not just about policy but about the very essence of compassion, dignity and the complexity of human suffering.

The concept of MAID resonates deeply within the Canadian societal fabric, touching upon the core values of autonomy and the right to end intolerable suffering. In Richmond Hill, as in communities across our nation, I have engaged with constituents, health care professionals and advocacy groups. These conversations have revealed a spectrum of beliefs and underscored the critical importance of adopting this issue with sensitivity, respect and an unwavering commitment to the well-being of all Canadians.

Since MAID was introduced, our office organized three community council meetings to deeply engage on this topic. We also partnered with the Canadian Mental Health Association, among many other professional associations, to enhance the dialogue with our constituents. Following the special joint committee's report, we convened our latest community council to gather our constituents' views and insights. Their response was clear and united in support of the delay. This active involvement with our community underlines the importance of careful reflection and thorough examination in addressing this issue.

The proposed extension under Bill C-62 is not merely a procedural delay. It is a crucial break that would let us look more closely into how mental illnesses and the final choice to end a life interact with each other. Mental health issues are complex and different for everyone, making it hard to fit them into our usual ideas about illness that leads to death. We need to look at each situation individually, taking the person's pain seriously while making sure there are strong protections in place to prevent hasty choices.

Our government acknowledges the importance of the data and reporting in relation to MAID, so much so that the original 2016 legislation obligated the Minister of Health to collect and report annually on MAID assessment and delivery. The formal monitoring system is important to inform our understanding of who applies for MAID in Canada, the medical conditions prompting requests, and trends in MAID activity since the 2016 legislation. As such, we have been working in collaboration with the provinces and territories and with health care professionals to establish a robust monitoring system. It is important to emphasize that this is a significant collaborative commitment.

As members know, on March 17, 2021, revised federal legislation was passed, expanding MAID eligibility to persons whose natural death is not reasonably foreseeable, providing they meet the remaining eligibility criteria.

Since the passing of the new legislation, the vast majority of MAID deaths, that is 96.5%, involved individuals whose death was reasonably foreseeable. Of course, two-thirds had a cancer diagnosis. In 2022, just 3.5% of total MAID deaths, which is 463 deaths, were attributed to individuals whose death was not reasonably foreseeable, representing less than 0.2% of all deaths in Canada. Of those 463 deaths, nearly 50% reported that the main underlying medical condition was neurological, such as ALS or Parkinson’s disease, while the remaining cases involved a variety of other complex conditions, including multiple comorbidities, cardiovascular disease, organ failure and respiratory illnesses.

Although the current sample is small, 2022 data also shows that where death was not reasonably foreseeable, 64% of individuals were approved for MAID, compared to 83% of individuals in cases where death was foreseeable. Each MAID request where the person’s natural death is not reasonably foreseeable is complex and unique, and early indications show that approvals for MAID in this stream are much lower than when the person’s death is reasonably foreseeable.

The decision-making process for MAID, especially in the context of mental illness, is fraught with complexity. It necessitates a meticulous evaluation of the individual's condition, an exploration of all viable treatment options and a profound understanding of the person's lived experience. This process is not undertaken lightly. It is grounded in empathy, clinical expertise and a rigorous adherence to ethical standards.

I also previously engaged in discussions on this matter in 2016 and again in February 2023. Today marks my third address to the House on this subject, which holds personal significance for me and, undoubtedly, affects numerous households in Richmond Hill and beyond.

I wish to highlight the government's consistent commitment to thorough and collaborative investigation, in concert with provincial, territorial and societal stakeholders, to ensure that MAID is administered with rigorous safeguards to protect the vulnerable while respecting the rights and dignities of applicants.

In pursuit of these objectives, the government enacted Bill C-39 last year, extending the moratorium on MAID for those with mental disorders as their sole medical condition until March of this year. This extension was pivotal in facilitating the safe provision of MAID, allowing for the broader dissemination and adoption of essential resources among medical and nursing professionals and ensuring the readiness of our health care infrastructure.

Moreover, this period provided the government with a crucial window to review the conclusive report by the Special Joint Committee on Medical Assistance in Dying. The one-year extension has proven invaluable, enabling the special joint committee to conduct a review in October 2023 concerning Canada's preparedness to accommodate MAID requests for mental disorders.

On January 29, 2024, the committee tabled its third report, which outlined recommendations regarding Canada's readiness for the safe execution of MAID under these circumstances. Following the committee's recommendations, the government, via Bill C-62, seeks to extend the pause on MAID for those with only a mental disorder until March 17, 2027. This aims to give our health care system enough time to prepare for MAID under these conditions.

We have held detailed talks with health care experts and the public, which showed a clear need for more time to maintain the integrity of this process. This time would also help in creating and sharing specialized training for health care workers, developing detailed policies and encouraging discussions on this important matter. The goal is to create a system that acknowledges mental illness complexities, protects those at risk, respects individual rights and dignity, as well as the Constitution, and ensures the proper safeguards.

In conclusion, we know that the MAID regime has provided relief from suffering for thousands of Canadians so far, the vast majority of whom are already at the end of life, and that individuals living with intolerable suffering will continue to explore MAID as an option in the future.

We have made a commitment to transparency and accountability across all levels of government to support public confidence in the MAID regime. I am also confident that we are honouring that commitment by providing Canadians with accurate and reliable information on MAID as it continues to evolve in this country.

As I stand before you, Mr. Speaker, acknowledging the profound impact of this issue on myself, the constituents of Richmond Hill and countless other Canadians, I am confident that this bill would facilitate the careful and considered approach required to address this sensitive matter appropriately.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:25 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, on the situation we find ourselves in this week, and last year with Bill C-39, we can draw a direct line back to the Senate amendment that was placed on Bill C-7. The government did a complete 180. It came out with a charter statement explaining why it was excluding mental disorders, and it then went and accepted the Senate amendment.

Bill C-39 last year had to punt the ball down the road by a year. Now we have Bill C-62 trying to do that by another three years. It feels like everything we have been doing has been trying to play catch-up to that change in the law. The law was changed before we had done the work.

Does my hon. colleague regret voting for that Senate amendment, given all he knows now and all of the catch-up we have been trying to do on this very important and sensitive issue?

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:25 p.m.
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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, through you, I would like to thank my colleague across, not only for the work he has done as part of the special committee, but also for the point of view he is raising.

We have to remember that, at that time, we were looking at the bill from a constitutional aspect as well, so when we looked at it we addressed many issues. We put the policies, the procedures, the constitutional concept of it and the rights of Canadians into perspective. I believe that was the right decision to make.

However, since then we have had the opportunity to look at the next phase, which is the implementation and the rollout of that. As we started to address working with the provinces and the professionals, we realized there was a lot more opportunity for collaboration as far as readiness and safeguards are concerned, and that we needed more time. We were hoping that one year would give us that, but once again it became clear that we needed more time. Therefore, the extension we are talking about is finding that fine balance between making sure that all Canadians can exercise their constitutional right and making sure we have the safeguards in place to ensure that no missteps are taken.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:30 p.m.
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Conservative

Stephen Ellis Conservative Cumberland—Colchester, NS

Mr. Speaker, I am not sure what the constitutional right to MAID is that the member across referred to.

He wants more time to discover this legislation. The difficulty of course is the concept of irremediability. The Liberal government can take the next thousand years to consider this legislation, but it is clear from experts across this country that the issue of irremediability with respect to mental illness is not going to be resolved. How is he going to resolve that with the voters who are going to send him packing in the next election?

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:30 p.m.
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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, let me address the last part first. I have had the honour and privilege of representing Richmond Hill over the last three terms and am counting on people and my hard work to be able to be re-elected so that I can come back here to continue representing them. Let us leave it at that.

What is key is that the issue of irremediability is a very complex issue, and it takes time to understand each case. We need to make sure all the safeguards are put into place to ensure that we do not cause any undue risk and harm.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:30 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Mr. Speaker, we are talking about a bill that is very sensitive for many different reasons. This bill affects us all for one reason or another. There is a motion calling for a distinction between neurodegenerative disease and mental illness.

I wonder if my colleague could tell us what he thinks about the possibility of moving faster on legislation that covers neurodegenerative disease so that people with Alzheimer's can decide, while they are still lucid, if and when they want to end things, because it is still a choice.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:30 p.m.
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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, I have had the pleasure of working with my colleague on a number of committees, and I thank her for her point of view.

The point is that it is those complexities that have necessitated, now that we are at the point of rolling out this legislation, that we really take a step back and look at the spectrum of diseases and the challenges that exist to be able to ensure that the right safeguards are in place. Yes, all of those need to be taken into account.

I am hoping that, over the next three years, working in collaboration with the provinces and with professionals, as well as with those with lived experience, we will be able to answer some of those key questions.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:30 p.m.
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Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, I would like to inform you that I will be sharing my speaking time with the hon. member for Shefford.

I rise today to speak about a topic I am passionate about. I am a social worker. I spent my career supporting seniors who wished to live at home, as well as seniors living in long-term care centres. I could say that I will be giving a speech, but it is more like a first-hand account, because this morning, quite frankly, I could not believe my ears. I could not believe the outrageous remarks I was hearing on the issue of medical assistance in dying.

I would like to remind the House that the Bloc Québécois has a humanist vision of medical assistance in dying. Our focus is on the importance of the individual's right to dignity, to free and informed consent and, most of all, to self-determination. That means that I am the best person to decide what will happen to me, because I am making a free and informed choice.

I want to tell the House a story, but I should mention that it is not a very pleasant one. As I said, I am a social worker, and I have kept up my membership in my professional association, because I think that is very important. Today, I am addressing my colleagues as both a member of Parliament and a social worker.

I worked with an elderly lady in a long-term care home. She had multiple sclerosis. She had been living there for years. Slowly, little by little, she lost her autonomy, until all she could do was move her head, swallow, and move two fingers. It was just enough to operate her wheelchair. She asked for medical assistance in dying.

As a social worker, it was my job to professionally assess whether her request was free and informed and whether she was asking for care in a free and informed way. I did my duty. I went to university, so I have clinical knowledge that enabled me to examine her condition, professionally evaluate her and use my clinical judgment to assess the request from this woman who had been suffering for years, confined to her bed.

Imagine what it is like for someone who has to stay in bed all day long, having people turn them over so they do not get bedsores. Imagine what it feels like for someone who can no longer go to the bathroom, who is incontinent, who can no longer scratch their own forehead and has to ring for an attendant to come scratch it for them because it is itchy.

The woman I am talking about made a request for medical assistance in dying. Her request was denied because the members of the multidisciplinary team concluded that this person was not in a condition to make a truly free decision, that she was depressed and that it was not the right time for her to take that step.

When I hear our Conservative friends say all someone has to do is ask and they will get an injection the next day and die, I can tell my colleagues that, as a health professional and a social worker, it is tough to listen to that. As a member of Parliament, I am ashamed, because it is bad to spread misinformation. Just because someone asks for medical assistance in dying does not mean they will get it. There are tons of people around these patients who assess their state of mind and their disease. Together, they decide whether that person can request medical assistance in dying and receive it. We live in a democratic country. People can submit requests. That does not mean anything goes and requests will automatically be granted. This morning, I decided I had better listen to the speeches from my office, because I would have had trouble facing the members who were saying outrageous things.

The same goes for people with disabilities. It seems like some members believe that people with disabilities are not smart, that they cannot make decisions and that they need to be guided. I am sorry, maybe I am getting emotional, but I have profound respect for human beings, and human beings are capable of making decisions about themselves.

I want to reiterate that just because someone requests MAID does not mean they will receive it. The professionals surrounding these people are not naive. They are educated people: doctors, nurses, social workers and occupational therapists. Care providers are professionals.

MAID is a lengthy process in Quebec. Sometimes, people make the request too late. They lose their ability to consent again to the process, and they miss their chance. They suffer because they lost the cognitive capacity to consent one more time to medical assistance in dying.

We agree that today we are discussing a very sensitive and complex issue. There are some members in the House who are really lowering the level of the discussion and debate. Frankly, I feel sick about this, and I repeat that I am ashamed of what I heard this morning.

The Bloc Québécois’s proposal is balanced. We know that Quebec passed a law and wants to allow people to make advance requests. What does that mean? If the hon. member for Rosemont—La Petite-Patrie received a diagnosis of early dementia or Alzheimer’s around the age of 45, he could decide that he did not want to die in a long-term care home, hunched over and completely dependent on others. He would then decide to draft his advance requests and trust those around him so that he could receive medical assistance in dying when all the criteria he described were met. In Quebec we are ready to do that.

Furthermore, the Special Joint Committee on Medical Assistance in Dying, which analyzed the issue for a year, reached the same conclusion, namely that it makes sense. A person who is mentally sound, who has been assessed and wants to make their advance request should be able to do so and, above all, to obtain it.

The bill we have here is very timid. It lacks ambition and political courage. We are abandoning people who, at this very moment, would like to use advance requests because they are suffering from a form of dementia, a kind of incurable neurocognitive disease. They see the end coming, and it is terrible, because it comes with atrocious suffering and complete loss of autonomy.

If I received a diagnosis of early onset dementia and no longer recognized my children and my grandchildren, if I was aggressive, if I defecated in my underwear and did not stop walking all day long because I kept wandering and had no life left, I would want my children to say that I met all the requirements and to ask that they let me go because I would be ready and those were my wishes. In Quebec, this has been recognized. Unfortunately, because this government will not listen to Quebec, it will not allow practitioners, doctors, nurses and social workers to do their work. They could face legal action launched by the family or by a third party. What is going to happen? People in Quebec are really going to suffer because here, in the House, people lack courage and do not want to support the one province that is ready to move to another level. When it comes to advance requests, we are ready.

We in the Bloc Québécois nonetheless agreed that we had not necessarily fully explored the issue of mental disorders and that we needed an extra year to reflect and lay the groundwork. However, three years is too long. Society is moving ahead faster than legislators. Members of the House need to understand they are abandoning people who will suffer.

My grandmother was religious. At age 91, she was suffering terribly and was about to die. She refused morphine because, in her religion, those who suffer go to heaven. She refused care, and she suffered. It was a choice. We respected her choice to suffer so she could go straight to heaven, even though we knew full well she would. She believed she had to suffer. We respected that. She refused all morphine injections. Today, we have made progress. People have the right to choose how they want to leave this earth. I repeat, just because people ask for medical assistance in dying does not mean they will receive it.

Today, I am making a plea from my heart. For everyone who will need it, let us listen to the consensus of Quebec society. Let us listen to Quebeckers, who are saying that Canada can take the time to reflect, but that Quebec is ready and wants permission to do it properly and legally.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:40 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I would like to thank my colleague for her plea from the heart, her speech. She mentioned me at one point. I hope I do not receive that diagnosis anytime soon. I generally agree with her on this issue.

I did not follow all the formalities and procedures surrounding this matter. That said, I agree that there is consensus in Quebec concerning advance requests with defined criteria, loved ones who can care for the patient and health professionals who can provide support.

I quite agree with my colleague that the federal government should show some openness, sit down and talk with Quebec to find a solution, maybe even a reasonable accommodation, so we can respect the consensus of Quebec society, which seems to be heading in the same direction in this matter.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:45 p.m.
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Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, I am pleased to hear from my colleague who understands the consensus in Quebec. Now, I will ask him to convince his political party to support the Bloc Québécois amendment, which proposes amending the Criminal Code so that service providers cannot be prosecuted for providing MAID to people who made advance requests and obtained that service. I encourage him to speak up and to be a leader in his party to convince his colleagues.

Just because the other health ministers from the other provinces and territories are not ready does not mean that Quebec is obligated to move as slowly as them. Quebec is ready to help people who are suffering who want MAID and who request it.

I will say it again. I do not know if there are any anglophone MPs here who are wearing their earpieces, but just because a person requests medical assistance in dying does not mean that they will get it.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:45 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, I find aspects of the debate we have had here today to be very troubling because there are increasing examples, and I hear of them in my constituency office and from reports in the media, but the member suggests that somehow the debate is settled. Therefore, anybody who would raise valid questions is somehow not entitled to ask those questions. That is simply not how our democracy works. It is troubling that that would be the trend some members of the Bloc Québécois, and even some Liberals today, are following when we have heard a host of very concerning things.

Even at the special committee, which has been referenced, Quebec's college of physicians suggested that infants could be euthanized if they were born with a disability. There are concerns about members of the military, veterans, who have been offered MAID instead of treatment. There is a whole host of questions that need to be answered. It is time to give hope in this country and not simply the opportunity for somebody to end their life in the most final way imaginable.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:45 p.m.
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Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, I will stay calm because I am not allowed to say what is on my mind. It would be unparliamentary.

I want to say something about the Special Joint Committee on Medical Assistance in Dying. There was unanimous consensus on recommendation 21, which I will read, “That the Government of Canada amend the Criminal Code to allow for advance requests following a diagnosis of a serious and incurable medical condition[,] disease, or disorder leading to incapacity.” This is not coming from me. This comes from a joint committee made up of MPs from every party in the House and several senators. That was said in February 2023.

I was a social worker in Quebec. Children have never, ever been euthanized in Quebec. That is not what we are talking about.

I think that the member did not listen to my speech. What I said was that not everyone who asks for medical assistance in dying gets it, and those who do have to go through a thorough and professional clinical process first.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:45 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, the member for Salaberry—Suroît is a tough act to follow. This is not easy, because we all have someone in mind when we talk about this. We have all lost loved ones over the past few months and years. We all have gone through different experiences. Some people request medical assistance in dying, others do not, but one thing is certain: this is a very sensitive topic. It is with great humility and sensitivity that I rise today to speak to Bill C-62, an act to amend An Act to amend the Criminal Code (medical assistance in dying), no. 2, something we have been talking about for a long time.

We must act by considering the fact that, currently, the Government of Quebec's Bill 11 does not include non-neurocognitive mental disorders as being eligible for medical assistance in dying and that Quebec wants to fill the administrative void surrounding the federal government's position on the subject of mental disorders relative to neurocognitive disorders. Therefore, I am not here to repeat my whip's testimony. I am here to provide some background and talk about Quebec's specificities. I will close by going into more detail about the Bloc's position.

First, in 2014, Quebec passed the Act Respecting End-of-Life care after five years of consultations and of working together across party lines. I want to emphasize that the work was non-partisan. In 2015, the Supreme Court ruling in Carter indicated that some provisions of the Criminal Code that prohibited medical assistance in dying contravened the Canadian Charter of Rights and Freedoms. In 2016, the Liberal government passed Bill C-14, in response to Carter. In 2019, the Quebec Superior Court ruled in favour of Nicole Gladu and Jean Truchon, who claimed that excluding people whose death was not reasonably foreseeable from eligibility for medical assistance in dying was discriminatory. As a result, the court ordered that federal and provincial laws be amended before December 18, 2020.

In 2021, after a pandemic-related delay, Parliament passed Bill C‑7, which created two pathways to medical assistance in dying: One for those whose death is reasonably foreseeable and one for those whose death is not reasonably foreseeable. Quebec simply chose to drop the end-of-life criterion. Bill C‑7 required that an expert panel be created to review MAID and mental illness. The Expert Panel on MAID and Mental Illness was formed in August 2021 and produced a final report containing 19 recommendations. Recognizing that the legislation was flawed and that issues related to medical assistance in dying remained unresolved, Bill C-7 created the Special Joint Committee on Medical Assistance in Dying, composed of members of the Senate and members of the House of Commons, which had a five-part mandate.

The joint committee tabled an interim report on June 22, 2022. There was not much time between the tabling of the joint committee's report, which was initially expected in 2022, and the March 17, 2023, deadline for excluding people from MAID for mental illness, so members postponed eligibility for one year to allow the committee to finish its work. The goal was to give the professions involved more time to develop standards of practice. At last, in February 2024, the joint committee produced its final report. The report contains only one recommendation. Bill C‑62 implements the report's recommendation by postponing eligibility for MAID MD-SUMC, for mental disorders, for three years and by forcing the creation of a joint committee one year before the report.

Sections 241.1 to 241.4 of the Criminal Code govern medical assistance in dying in Canada. What is more, under the law, the government is required to oversee the use of medical assistance in dying via the Regulations for the Monitoring of Medical Assistance in Dying. I am providing all of this background to illustrate that the government could have and should have taken action a long time ago.

Second, in Quebec, medical assistance in dying is governed by the Act Respecting End-of-Life Care. The activities surrounding medical assistance in dying are supervised by the select committee on end-of-life care. In June 2023, the National Assembly of Quebec passed Bill 11 to expand access to medical assistance in dying in Quebec and harmonize Quebec's legislation with the Criminal Code. There are some notable changes to Quebec's legislation. Minister Sonia Bélanger and her colleagues Roberge and Jolin‑Barette held a press conference on February 7 calling on the government to include a provision in the Criminal Code that would allow Quebec to move forward with advance requests, because, even though Quebec's legislation allows it, the Criminal Code does not.

Although doctors who choose to go ahead with advance requests are unlikely to be prosecuted by Quebec's attorney general, the risk of a civil lawsuit is still there, and that will make many doctors think twice about granting advance requests. Quebec's National Assembly has passed a unanimous motion demanding that the federal government legislate on the issue.

Third, the Bloc Québécois will vote for the bill on the condition that the postponement is for one year, not three. The Bloc Québécois believes that eligibility for people suffering from mental disorders must be postponed so that Quebec, the provinces and professional bodies can create a framework for their MAID practices. However, it should not be postponed indefinitely. The Bloc Québécois believes that postponing eligibility by three years will prolong the suffering of individuals who could be eligible for MAID and is contrary to their rights as guaranteed by the charters. The Bloc Québécois wishes to point out that the report of the Expert Panel on MAID and Mental Illness, as well as the Collège des médecins du Québec, emphasized that the safeguards—namely irremediability, severe physical or mental suffering, and free and informed consent—currently provided for in the Criminal Code are sufficient to allow access to MAID where mental disorder is the only underlying condition.

In our supplementary opinion attached to the report of the Special Joint Committee on Medical Assistance in Dying, the Bloc Québécois points out that, even though preparations on the ground for medical assistance in dying when a mental disorder is the sole underlying medical condition are not yet complete across Canada, this does not change the fact that several professional associations, including the Collège des médecins du Québec and the Association des médecins psychiatres du Québec, would still like it to be made available in the future.

The Bloc Québécois also acknowledges the requests made by several provinces to postpone eligibility. It should be noted that many countries have adopted policies on medical assistance in dying specifically for mental disorders.

The Bloc Québécois deplores the government's failure to be proactive and the Conservatives' obstruction on the issue of medical assistance in dying when a mental disorder is the sole underlying medical condition and on the issue of advance requests. We fear for the patients who will have to turn to the courts to assert their rights while also bearing the burden of their illness.

Finally, the Bloc Québécois condemns the fact that this bill does not distinguish between mental disorders and neurodegenerative diseases, such as Alzheimer's and Parkinson's. Quebec's law makes that distinction. It would allow people suffering from the latter category to access medical assistance in dying, as advocated by the Quebec government. In the Bloc's opinion, the social consensus on these illnesses is stronger, and it would have liked to see the Criminal Code brought into line with Quebec's end-of-life care law by allowing advance requests.

In his supplementary opinion on MAID, the member for Montcalm, whom I would like to congratulate for all his work on this issue, went into great detail on the reasons that justify MAID when a mental disorder is the sole underlying condition. The position of the Collège des médecins du Québec perfectly sums up the importance of allowing advance requests for medical assistance in dying, as well as medical assistance in dying when a mental disorder is the sole underlying condition. While admitting it needs more time to ensure its members are ready, the Collège des médecins du Québec has established five guidelines for assessing eligibility for medical assistance in dying.

In conclusion, the Bloc Québécois has a humanist view of medical assistance in dying that is grounded in philosophical principles and ethical arguments that reflect the evolution of Quebec society. Medical assistance in dying recognizes the right of individuals to choose for themselves, to determine the conditions for a healthy and dignified life. Medical advances allow us to sustain life, but that does not preclude the need and right of the individual to define what is an acceptable life. Section 1 of the Quebec Charter of Human Rights and Freedoms states that every human being has a “right to life, and to personal security, inviolability and freedom”.

Quebec society believes that the right to life includes the right to die. In that context, we need to see medical assistance in dying as a right that gives the individual the option of avoiding terminal suffering and medical paternalism in order to maintain their dignity. By allowing medical assistance in dying, we allow people to choose how, when and where they want to pass away.

Medical assistance in dying only makes sense if the person's free and informed consent is respected. The word “free” means voluntary and without constraint, and the word “informed” means with all the information needed to make such a decision. Meeting this condition is necessary for accessing medical assistance in dying.

The principles we stand for concerning medical assistance in dying are equally valid in cases of mental illness. Let us not forget that the possibility of access to MAID does not mean automatic eligibility. However, when the Quebec select committee was doing its work, it made a distinction between mental disorders and neurodegenerative diseases. The commission concluded that although there was no consensus on mental disorders, there was a consensus on neurodegenerative diseases. With that in mind, the Quebec government opened the door to advance requests. Advance requests allow an individual to determine the conditions under which MAID should be administered when they have lost the capacity to consent because of their illness.

In its second report, the Special Joint Committee on Medical Assistance in Dying expressed its support for advance requests. All parties, except the Conservatives, who are against any form of medical assistance in dying, voted in favour of the recommendations.

As a final point, the federal government therefore has no reason to drag its feet or to deny Quebec's request.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 4:55 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate a number of things the member has said, and I like to think that all of us have personal feelings on a wide spectrum of issues, this being one of them for me personally. Having said that, I understand and appreciate the importance of the Supreme Court of Canada's decision and the Charter of Rights and Freedoms. I think it is good to bring responsible public policy in regard to MAID.

Does the member share in the concerns that I have with respect to the Conservative Party's propaganda of spreading things that are grossly exaggerated, like people going to a food bank, feeling poor and wanting to apply for MAID? At the end of the day, they try to make it sound as if one can go and apply today and have suicide-by-government on the Friday. I personally believe that is damaging to the whole debate we are having.

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 5 p.m.
See context

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I am glad my colleague from Montcalm has arrived. He can answer that question as well as I can, and he must have heard a thing or two from the Conservatives at the Special Joint Committee on Medical Assistance in Dying. I sincerely sympathize with him. As my whip herself said earlier, we can hardly believe what we have been hearing since this debate began.

I am speaking today because I have been hearing about this bill from seniors' groups ever since I was named the critic for seniors. They have certainly made me aware of this issue. Seniors' groups in Quebec want this freedom of choice.

I have said this before, but I will say it again because I think it is appalling. Anyone who says that seniors are going to food banks to request medical assistance in dying is engaging in blatant and serious disinformation.

This debate reinforces my conviction about why states must be secular. This is an example of why it is dangerous to let religious elements participate and pay for a political party's leadership race in Canada.