An Act to amend the Criminal Code (right to die with dignity)

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Francine Lalonde  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of April 21, 2010
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to allow a medical practitioner, subject to certain conditions, to aid a person who is experiencing severe physical or mental pain without any prospect of relief or is suffering from a terminal illness to die with dignity once the person has expressed his or her free and informed consent to die.

Similar bills

C-384 (40th Parliament, 2nd session) An Act to amend the Criminal Code (right to die with dignity)
C-562 (39th Parliament, 2nd session) An Act to amend the Criminal Code (right to die with dignity)
C-407 (38th Parliament, 1st session) An Act to amend the Criminal Code (right to die with dignity)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-384s:

C-384 (2024) Turkish Heritage Month Act
C-384 (2017) An Act to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (pension plans and group insurance programs)
C-384 (2013) An Act to amend the Youth Criminal Justice Act (publication of information)
C-384 (2011) An Act to amend the Youth Criminal Justice Act (publication of information)

Votes

April 21, 2010 Failed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:20 p.m.

Bloc

Francine Lalonde Bloc La Pointe-de-l'Île, QC

Mr. Speaker, I would like to start by thanking all my colleagues who took part in the debate, but I want to say that palliative care and my bill on the right to die with dignity are not mutually exclusive, but complementary.

I wrote something in 2005, before I learned I had cancer. I wrote this, and I still believe wholeheartedly in it:

Any lucid person facing a very difficult and painful end of life, which they consider degrading, an unfitting end to the life they have led, inconsistent with their condition as a free person, has to be able to decide how they wish to die, including if they want to be aided in that objective.

It is the individual who must choose. It is not society that must choose for the individual. The individual must have the freedom to choose at the end of their life.

The experience of doctors who look after individuals who have been allowed to be helped to die in countries that have passed legislation in this regard is enlightening. One might infer that, knowing that they will be able to get help to die with dignity when they reach the point where their life has definitely become unbearable, it will be easier for people to live fully a painful end of life or a life of extreme limitations because they feel imprisoned in their bodies. As Félix Leclerc reminded us, death is full of life.

I could quote Justice Cory, who also says that section 7 of the charter gives Canadians the constitutional right to life, liberty and security of the person. This provision emphasizes the dignity inherent in human existence. Death is an integral part of life and as such is therefore entitled to the constitutional protection provided by section 7. A person should have the right to choose their own death.

I understand why my colleague's parents made the choice they did. His father was a doctor. It was their choice. Nonetheless, sometimes the end of life comes after a period of extreme suffering and at a time when people can decide they no longer can tolerate their life, their dependence on others and their unending suffering. I have sent hon. members a text a constituent sent me on what it is to suffer and I invite hon. members to read it. People can decide their limits and ask for assistance to die and not to live for another month or two just to suffer more and become more emaciated.

I can tell you that when I wrote that, I did not know what unbearable pain was. Now I do and I have learned that medicine, with all its progress, can only provide help with side effects such as hallucinations or other terrible effects to the body. We have to have the right to choose. I am speaking on behalf of the vulnerable. They are the ones who need this type of legislation the most because only this type of legislation will allow them to be the people they choose to be. There are currently many places where people can die and with all the instruments available to doctors, it is possible to help people die without them having to ask.

A person's right to choose is what is at the heart of this bill. I am asking hon. members to vote in favour of this bill in order that it may be referred to a committee. Then members of the committee could examine what seems—

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

The Acting Speaker Barry Devolin

It being 6:28 p.m., the time provided for debate has expired.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

Some hon. members

Agreed.

No.

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

The Acting Speaker Barry Devolin

All those in favour will please say yea.

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

Some hon. members

Yea.

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

Some hon. members

Nay.

Criminal CodePrivate Members' Business

April 20th, 2010 / 6:25 p.m.

The Acting Speaker Barry Devolin

In my opinion, the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, a recorded division stands deferred until Wednesday, April 21, 2010, immediately before the time provided for private members' business.

The House resumed from April 20 consideration of the motion that Bill C-384, An Act to amend the Criminal Code (right to die with dignity), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

April 21st, 2010 / 6:25 p.m.

The Speaker Peter Milliken

The House will now proceed to the taking of deferred recorded division on the motion at second reading stage of Bill C-384 under private members' business.

(The House divided on the motion, which was negatived on the following division:)

Vote #34

Criminal CodePrivate Members' Business

April 21st, 2010 / 6:35 p.m.

The Speaker Peter Milliken

I declare the motion lost.

I have received several points of order.

Criminal CodePrivate Members' Business

April 21st, 2010 / 6:35 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

Mr. Speaker, I rise on a point of order. I was rather distracted in the process of voting and voted yes, while I intended to actually vote no. Therefore, I request that my vote be changed.

Criminal CodePrivate Members' Business

April 21st, 2010 / 6:35 p.m.

Liberal

Ken Dryden Liberal York Centre, ON

Mr. Speaker, on the same matter, I intended to vote against the motion, but I voted for it. I would like permission to change my vote to against it.

Criminal CodePrivate Members' Business

April 21st, 2010 / 6:35 p.m.

The Speaker Peter Milliken

Is there consent for the hon. members for Vancouver South and York Centre to change their vote from yes to no?