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 / 1:30 p.m.
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Conservative

Branden Leslie Conservative Portage—Lisgar, MB

Madam Speaker, I believe the stories of folks who are struggling to such a point that they are even considering this. The fact that we are looking at making this an available option instead of treatment, instead of getting them the services they need, is so disappointing.

To the second part of your question, this started as medical assistance in dying. A Supreme Court decision forced Parliament to make a decision to set up a framework. We seem to have evolved to medical assistance in suicide. From my personal perspective, I want to fight for those who are facing real challenges and give them the hope they need so they can continue to live and improve their quality of life, not end it.

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

February 13th, 2024 / 1:35 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I want to remind the member that he is to address all questions and comments through the Chair, not directly to the members.

The hon. member for Lac‑Saint‑Jean.

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

February 13th, 2024 / 1:35 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I would like to invite my colleagues in the Conservative Party and its Quebec caucus to take inspiration from what happened in Quebec during the debate on medical assistance in dying. We discussed it calmly and in a non-partisan manner. We looked at the data and let the science guide us.

In his speech, my colleague insinuated that Quebeckers and Canadians could request medical assistance in dying because they were hungry or because they could not make ends meet. Unfortunately, that is mere demagogy. My colleagues are using misinformation, in other words, inaccurate information, to mislead Canadians and Quebeckers, perhaps at the prompting of the religious right, which I strongly suspect controls the Conservative caucus.

I will simply ask my colleague whether he spoke to his fellow caucus members from Quebec to determine what exactly Quebec thinks about medical assistance in dying.

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

February 13th, 2024 / 1:35 p.m.
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Conservative

Branden Leslie Conservative Portage—Lisgar, MB

Madam Speaker, the important part to deal with here is that we are worried, and have been for some time, about the framework and those restrictions and what this slippery slope could lead to. It is about having a robust framework to ensure that those individuals cannot be taken advantage of or use the system in an unfortunate way.

This is the Parliament of Canada. We are dealing with the federal Criminal Code that impacts all provinces. When provinces have come forward and said that they are not ready to implement such a system or when so many stakeholders say that they are opposed to this, I will listen to the people across the country, whatever province they are from.

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

February 13th, 2024 / 1:35 p.m.
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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, once again, while I agree this time with the Conservatives that extending medical assistance in dying to those who have mental disorders as the sole underlying condition is very problematic and should not happen, I cannot understand the Conservatives not supporting moving quickly with the bill we have in front of us, because we face a deadline for when this will come into effect if we do not act.

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

February 13th, 2024 / 1:35 p.m.
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Conservative

Branden Leslie Conservative Portage—Lisgar, MB

Madam Speaker, I agree with that. I cannot believe that it has come to this. We have heard testimony for months and years now about how this amendment that the government, for some reason, accepted from the Senate would be problematic. For some reason, the Liberal government has decided to dilly-dally to a point in which we have emergency legislation, days away from this coming into force. I put this squarely at the feet of the Liberal government.

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

February 13th, 2024 / 1:35 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

Madam Speaker, I am not too sure if the member actually understood the question that was just posed to him. It points out a major issue within the Conservative Party. The Conservatives have said that they do not support it, yet they did not vote in favour of the motion that ultimately, by it passage, will guarantee that this motion is able to pass Bill C-62.

What is the essence of Bill C-62? It is to provide a three-year waiting period, so the concern that he has does not take effect come March 17 this year. If this legislation does not pass, what the Conservatives are complaining about will actually turn into a reality. One would think that they would understand that. I can appreciate that a majority, in listening to the discussion, is of the same opinion as the member across the way. If they support what they say, then they should support Bill C-62. If they do not vote for Bill C-62 and the bill does not pass, there will be no three-year extension.

I am very disappointed in the manner in which this issue is being debated. It is a very serious issue. I remind members that the reason we have the debate today is because of a Supreme Court of Canada decision back in 2015, which the then prime minister Stephen Harper did not act upon. That was back in early 2015.

After the 2015 general election, when we assumed office in November 2015, one of the first things we did was look at the legislative agenda. We did some positive things, but one of the things we had to deal with was the Supreme Court of Canada decision, which the Conservatives actually ignored. That meant we had to bring in MAID legislation. It was not an option.

Is there a member of the Conservative Party today who would stand up and say that there was an actual option, that we did not have to respect the Charter of Rights, the rights that are guaranteed to Canadians from coast to coast to coast?

If one reflects on the debates that took place back then, it is quite the opposite with respect to what we are witnessing today. Back then—

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

February 13th, 2024 / 1:40 p.m.
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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, I rise on a point of order. With closure having been moved on this, the member has spoken for 70 minutes. He is taking up time. He is suppressing other members from having the opportunity and instead playing politics on a matter that is literally life and death. He should be ashamed.

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

February 13th, 2024 / 1:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

That is not a point of order. I would ask members that when they raise points of order to please ensure it is a point of order.

The hon. member has only been speaking for four minutes at this point. He still has 16 minutes and hon. members will have 10 minutes for questions and comments. I would ask members to please wait to ask questions or to make comments.

The hon. parliamentary secretary to the government House leader.

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

February 13th, 2024 / 1:40 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, members of the Conservative Party might not like what I have to say, but it is the truth, and sometimes the truth hurts. If we go back to the original debates in May, we would find a great deal more compassion being expressed on the floor of the House of Commons, on all sides. Whether they were Liberals, Conservatives, New Democrats or any others, members demonstrated very clearly the difficulty of what Parliament had to do in bringing in MAID to respect the Supreme Court of Canada decision. Today during the debate, we witnessed the leader of the Conservative Party standing on a point of order on something completely irrelevant to the debate, to attempt to table a document. Why did he? He just could not wait until question period, I guess, which begins after statements by members that start in about 15 or 20 minutes.

We should listen to what some of the Conservative speeches have been about. Some Conservatives, the last couple in particular, have stood in their places and given a false impression that the legislation would be like suicide on demand. The member for Battlefords—Lloydminster said that today someone feeling depressed due to mental health issues could go to a doctor and book an appointment to commit suicide, with the government's support, on Friday. Members of the Conservative Party are spreading misinformation on such a sensitive issue. These are very difficult things that Canadians have to deal with every day.

Yesterday the member for Cumberland—Colchester referred to 12,000 or 13,000 people being killed in a very ad lib fashion, implying that the legislation just allows people to be killed. From my perspective, the decision to access MAID is not easy; it is a very difficult one. Family members and individuals are experiencing some very difficult times in dealing with a real-life situation. Conservatives, yesterday and today, are virtually making a mockery of it and spreading misinformation on such an important issue. What happened to the compassion of 2015-16 and even 2017? At that time, there seemed to be a sense in the chamber that, yes, at times there are going to be disagreements if members feel very passionate about an issue, as they should, but there was also a much higher sense of co-operation as members shared the experiences they were being told about by their constituents.

The member for Portage—Lisgar said that people are going to food banks and are thinking of committing suicide because of the cost of living. There are a number of things that come to my mind that speak to the manner in which individuals across the way make those types of stupid statements. That is, quite frankly, what they are; they are not legitimate contributions, such as discussion about supports and services would be, to the debate on such an important issue that the House is having to address.

In the debates taking place in 2015-16, we heard a great deal about issues like hospice and palliative care. We wanted to ensure that MAID legislation would not in any way be utilized as a direct result of not having proper services and systems in place to provide assurances to those individuals who were feeling so compelled to actually access MAID. Those are the types of things that I think really contributed a great deal back then.

Today, in contrast, Conservatives will say, “What about the $4.5 billion that the Liberal Party made a commitment to?” Members are right in that there was a substantial commitment by the government to deal with the issue of mental health, and the commitment was significant: several billions of dollars over five years. It is one of the reasons that the health care agreements we have put into place, which were highlighted last year, of just under $200 billion over 10 years, are to support health care not only today but also in future generations that will benefit by that sort of investment. Furthermore, the Minister of Health is working with provinces, coming up with agreements that deal with things like mental health and services. We recognize how important it is to ensure that these services are being supported.

Unlike a number of members from the Conservative Party, and I do not want to label them all, at least not at this point, this is a government that has continued to work with, in particular, provincial jurisdictions and other stakeholders in different forums in order to provide assurances that the people who are accessing MAID are, in fact, being informed in a very tangible way of the types of services available. In no way whatsoever is it as simple as their just saying, “I want this and I will get it”, and then two days later receiving it. We can look at the amount of public attention and debate that has taken place on issues such as palliative and hospice care since the MAID introduction, which I believe have been greatly enhanced.

I would like to think that provinces, which are ultimately responsible for the public administration of health care services, have taken note and understand that they too have a responsibility because they are the ones delivering the services that Canadians expect. The federal government has recognized that by supporting things such as the encouragement of long-term care standards and by providing substantial finances to ensure that provinces are better able to meet the demands on health care services. With respect to what I said earlier in regard to mental health, there are serious commitments that we continue to live up to and work on with other jurisdictions.

I have confidence, as I indicated yesterday, in the health care professionals, the social workers and the other individuals who have the expertise and confidence in the individual who feels that MAID might be the avenue for them to pursue. There is a great deal of effort put into every situation, and I have confidence in the system.

Members can correct me if I am wrong, but I cannot recall one province or premier in Canada that has clearly said that MAID is not working. The provinces are asking for the three-year extension in one aspect of MAID: where mental health is the sole reason for the request. The issue of the sole underlying medical condition being a mental illness was added to the original MAID legislation, then brought in as a form of legislation and allowed a period for provinces and jurisdictions to have time to get what is necessary in place so Canadians could be served.

We then found that the provinces required more time. There were a number of provincial governments not saying to get rid of MAID, but rather saying that they needed more time for the implementation of that aspect of it. That is in essence why we have the legislation that we have before us today.

However, if we listen to members of the Conservative Party, we will find that they give no indication of supporting Bill C-62. It will be interesting to see how they actually vote. Logically, I would think they would vote in favour of the bill. If they do not vote in favour of Bill C-62, and, for whatever reasons, the legislation were not to pass, ultimately the criterion of sole underlying medical condition of mental illness would take effect on March 17 of this year. Therefore, it is important that members, no matter what side of the debate they happen to be on, would be in favour of the legislation because it is a direct response to what is being asked of the Government of Canada by our partners that are ultimately responsible for administering the legislation.

Members opposite will often try to say that it is up to the government. It is important to highlight what I mentioned at the very beginning: The reason we have MAID legislation today is that in 2015, the Carter decision by the Supreme Court in essence said we had to bring it in. There was no choice, if, of course, we respect the Charter of Rights and Freedoms. I will repeat what I said yesterday: There was a great deal of consultation, literally hundreds of hours of different types of meetings, including standing committees, chamber debate, outside meetings in ridings, canvassing and petitions. Even though there were all sorts of mechanisms to provide input, at the end of the day, I believe that the legislation met a threshold to, in good part, deal with the concerns of the Supreme Court of Canada and to respect the Charter of Rights.

That was followed by a decision in appeal court in Quebec giving us another obligation to improve the legislation and that is exactly what we did.

We continue today to look for ways to improve the legislation. I believe it is a reflection of the Canadian Charter of Rights and Freedoms. If members of the Conservative caucus are saying that they do not support the MAID legislation, then I would question whether they actually support the Canadian Charter of Rights and Freedoms.

I would further add that the leader of the Conservative Party's general attitude—

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

February 13th, 2024 / 1:55 p.m.
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Liberal

The Speaker Liberal Greg Fergus

We have time for a 15-second question.

The hon. member for Louis-Saint-Laurent.

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

February 13th, 2024 / 1:55 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, during the speech, we heard some things that ought to be corrected.

The member alleged that some members on this side of the House were spreading disinformation, which is completely false. I will prove it—

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

February 13th, 2024 / 2 p.m.
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Liberal

The Speaker Liberal Greg Fergus

We are out of time.

The member can resume his question after oral question period.

The House resumed consideration of the motion, and of the amendment.

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

February 13th, 2024 / 3:15 p.m.
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Liberal

The Speaker Liberal Greg Fergus

We will begin where we left off. The hon. parliamentary secretary to the government House leader had just finished his speech, and we were beginning questions and comments.

I apologize for speaking English. I invite my hon. colleague, the member for Louis‑Saint‑Laurent, who is well known for his mastery of the language of Molière to come back to the question that he started asking earlier before he was interrupted.