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 CodeGovernment Orders

May 3rd, 2016 / 11:25 a.m.


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Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

Madam Speaker, I must say at the outset that the prayer we began our session with this morning, that we would be mindful of making good laws and serving Canadians, has never meant so much to me, and I think many of my colleagues here today, anytime it has ever been said from the Speaker's chair.

I would like to thank my colleagues and members opposite for their thoughts and words on this deep, ethical, moral, legal, and religious question. While I may not agree with all the points that have been made thus far, I do not doubt for one second that the comments of all members are truly heartfelt, genuine, reflective, and respectful.

Unfortunately, I do not have time to address all the concerns of the bill, such as, but not limited to—as my colleague the member for Lethbridge has so eloquently articulated—the poisonous change in our cultural mindset the bill will likely encourage, reducing the value of life to a measure of ability or function rather than its inherent worth and dignity, and causing Canadians who would never have considered taking their own life before to do so.

As the member for Scarborough—Guildwood mentioned, the bill would be under expansionary pressure from the day it comes into effect, and where we could end up is troubling.

The peril that I do not think has been fully addressed is that in which those in vulnerable communities could find themselves.

As I said, because time is limited, I am going to focus upon two issues, but again, my serious concerns are not limited to these alone. First is the regrettable absence of more discussion and action on palliative and hospice care as a precursor to this legislation. Second is the need and the duty of all members here to respect and protect those physicians and health care professionals who object on conscience.

Before I get into these two points, I want to offer my reflections on where we have come from on this issue.

It was only six years ago that we debated the same issue and voted down the private member's bill, Bill C-384, of a former member of this House. It should be noted that this was the second attempt at the same private member's bill by the former member, who had previously introduced Bill C-407.

I will say that I voted against and spoke out against the bills, not only because of my own personal convictions, but also because of my steadfast belief that those bills did not uphold the moral obligation we have as parliamentarians to protect the vulnerable and the inherent dignity of all life.

Bill C-384 and Bill C-407 were seriously flawed because they sent us down a path of unintended consequences. They were that slippery slope that has so often been spoken of here in this chamber, regarding the debate of ethical dilemmas that our families, doctors, and health care workers would face.

My reservation then is sustained today. Why is there not more emphasis on palliative care?

Is it not better to support quality palliative and end-of-life care for Canadians, so they will never need to think that euthanasia or assisted suicide is the only option, or better option, for their suffering?

Is it not our duty to uphold the value and dignity of life in this manner?

In my own home community of Hamilton, we have outstanding organizations like Emmanuel House and the Dr. Bob Kemp Hospice, which work on a daily basis to make end of life better for people. I know hospices are doing outstanding work in all the communities across this country.

I recognize that, in the view of the Supreme Court's Carter decision, we are faced with a new reality, one where we need to respect its decision vis-à-vis the charter rights of those in dire circumstances while still ensuring the dignity of life is upheld. However, I am very concerned that there was no further investigation, no rigorous effort to enhance palliative care and invest in hospice construction, in advance of this legislation or in conjunction with it.

While the federal government's response to the Supreme Court's Carter decision makes reference to the need to support improvements of a full range of end-of-life care options, it does little about it, other than acknowledging it as a non-legislative response.

I do not think that is good enough, and I believe all Canadians do not think that is good enough either.

Instead of a vague reference to a multi-year health accord that would include home care and palliative care as one option, where was the commitment in the throne speech? Where was the commitment in the budget?

If the commitment is serious, why is it not backed up with funding?

This is the missing piece. If we are going to go down the legislative path of physician-assisted dying because of charter rights, then we in this place have a duty, and the Government of Canada has a duty, to have first acted upon palliative and hospice care.

That was the viewpoint of two Senate studies, which I cited back in 2010 when I spoke out against Bill C-384. First, in 1995, there was the Special Senate Committee on Euthanasia and Assisted Suicide that in its report, “Of Life and Death”, made a number of recommendations to improve access to palliative care services, standards of care, and training of health care professionals.

In 2000, the Standing Senate Committee on Social Affairs, Science and Technology tabled another report, titled “Quality End-of-Life Care: The Right of Every Canadian”, which again recommended a strategy and vast improvements to palliative and end-of-life care, as well as support for family caregivers, home care, research, and surveillance.

It breaks my heart, and I know the hearts of all members in the House, that people are suffering. Just this past summer, in the middle of the election campaign, I watched my own younger brother succumb to the ravages of lymphatic cancer, and I was grateful for the care, understanding, and compassion of everyone at Emmanuel House, the hospice where he stayed in his final days.

I know that this bill attempts to address those individuals who have given up hope; yet I believe there are, most often, better ways to address their suffering. It is our obligation to do everything possible with palliative and hospice care, to give a modicum of hope, comfort, and peace to those suffering at the end of their lives and to their families who are also suffering. Once again, I believe this discussion should have preceded this bill.

The final point I want to touch on today is one that I know other members have already raised, but please allow me to amplify their concerns. That is the protection of physicians' conscience rights and, quite frankly, those of the other health care professionals and caregivers on a doctor's team who might be placed in the circumstances that this bill would allow.

First, I do not think there is a shred of doubt that we must offer clear and indisputable protections to those who object on ethical, moral, or religious grounds. In these matters of life and death, that is more than the right thing to do; it is the only thing to do.

Second, I believe that, to send this important signal to the medical community, families, individuals who are suffering, and all Canadians, these conscience protections for physicians must be included in the bill itself, and not just in the preamble. The bill needs to include a punitive measure for those who would seek to pressure, force, or coerce anyone to assist someone in taking his or her life.

I am thankful for the opportunity to offer these reflections. I know every member of the House will be doing a lot of thinking, soul searching, and prayerful consideration as we grapple with this legislation. I sincerely hope and pray that we continue to do so with extreme caution and care. God bless Canada.

Assisted SuicidePetitionsRoutine Proceedings

May 13th, 2010 / 10:05 a.m.


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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I am proud to present a petition from almost 100 constituents of mine requesting that we defeat Bill C-384, which was done. I was glad to vote against that bill.

The petitioners are saying that euthanasia and assisted suicide should not be considered as part of our society. We need to look more into helping those people live in a respectful way, to ensure that they are not suffering needlessly, and that we help them deal with their suffering.

I am proud to present this petition on behalf of my constituents.

Assisted SuicidePetitionsRoutine Proceedings

May 10th, 2010 / 3:10 p.m.


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Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, finally, I have a petition respecting legalizing euthanasia in Canada.

The petitioners, residents of Canada, call upon the House of Commons to reject Bill C-384, which relates to the issue of legalizing euthanasia and assisted suicide.

Assisted SuicidePetitionsRoutine Proceedings

April 15th, 2010 / 10:05 a.m.


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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, I have a petition I would like to table from people in my riding. It includes over 160 signatures from such places as Maxville, Alexandria, Dunvegan, Vankleek Hill, Alfred, et cetera. The people who have signed this petition value human life, particularly at its most vulnerable stages. I am speaking of the elderly and the sick. The petitioners are asking parliamentarians to vote against Bill C-384, which is the bill that seeks to legalize euthanasia and assisted suicide.

Assisted suicidePetitionsRoutine Proceedings

April 14th, 2010 / 3:25 p.m.


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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I also have a petition here on Bill C-384 calling upon the House of Commons to reject this bill that deals with euthanasia. Many people in my riding do not want to support this bill and I feel the same way.

Assisted SuicidePetitionsRoutine Proceedings

April 14th, 2010 / 3:20 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I have several petitions to present today.

The first petition is in regard to Bill C-384, which is referred to as the assisted suicide and euthanasia bill. I continue to receive many petitions in the mail on this issue.

The petitioners call upon the House of Commons to vote against Bill C-384.

Assisted suicidePetitionsRoutine Proceedings

March 31st, 2010 / 3:25 p.m.


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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, it is with great pleasure that I rise to present a petition containing well over 100 names.

The petitioners, members of the St. Alexander Church in Azilda and Chelmsford, Ontario, call upon the Minister of Justice and the House of Commons to oppose Bill C-384, An Act to amend the Criminal Code (right to die with dignity).

Criminal CodePetitionsRoutine Proceedings

March 29th, 2010 / 3:30 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to present thousands of petitions that have been signed by my constituents in regard to Bill C-384.

They state that assisted suicide and euthanasia pose a threat to society's most vulnerable and that the bill would allow any medical practitioner to assist in death. It also would require only the appearance of lucidity for consent of death and does not call for a concrete determination of actual lucidity.

Therefore, the petitioners call upon the House of Commons to vote against Bill C-384.

I am very pleased to table this petition along with my full support.

Assisted SuicidePetitionsRoutine Proceedings

March 25th, 2010 / 10:05 a.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to stand today and present part of the thousands of petitions that I am receiving from Canadians and in particular from the residents of York West who are opposed to Bill C-384 that would allow any medical practitioner to assist in death.

Clearly, my constituents, as many others, have very serious concerns and issues with this and have asked that I table these many petitions, which I will continue to do at every opportunity as they are coming into my office.

Assisted suicidePetitionsRoutine Proceedings

March 24th, 2010 / 3:35 p.m.


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, at the request of the people in my riding, essentially the municipality of Richmond, I am presenting a petition. The people are against Bill C-384.

Assisted SuicidePetitionsRoutine Proceedings

March 18th, 2010 / 10:10 a.m.


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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I have the honour to table a petition today. I will be requesting that the committee on justice and human rights look at it. It is a petition from approximately 40 of my constituents who are opposed to Bill C-384.

This bill would legalize euthanasia and assisted suicide. My constituents are saying they oppose euthanasia and assisted suicide as it directly threatens the lives of people with disabilities and other vulnerable people in our society. They believe also that we should be promoting measures that increase the quality of life for people who experience difficult life conditions and not introduce measures that threaten their very existence.

The petitioners are respectfully requesting that I oppose this bill. I can assure them that I will be vigorously opposing this bill on their behalf.

Assisted SuicidePetitionsRoutine Proceedings

March 9th, 2010 / 10:05 a.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to present petitions again, following yesterday. I will be presenting thousands of names in opposition to Bill C-384, the bill that deals with euthanasia. I have been asked to present these petitions to the House of Commons, calling on all members of Parliament to vote against Bill C-384.

Assisted SuicidePetitionsRoutine Proceedings

March 8th, 2010 / 3:05 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to begin to table a few of the many petitions I have received in regard to Bill C-384 concerning assisted suicide and euthanasia.

The petitioners are clearly asking the House of Commons to vote against Bill C-384.

National Holocaust Monument ActPrivate Members' Business

December 8th, 2009 / 6:10 p.m.


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Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, the Bloc Québécois supports Bill C-442, An Act to establish a National Holocaust Monument.

The Holocaust was one of the worst crimes of the 20th century. The Bloc Québécois therefore supports the bill to commemorate both the survivors and the victims. We believe that we must commemorate the victims of the Holocaust, but we also believe that we must continue the fight against anti-Semitism and all other forms of hate speech and discrimination. We have done so in the past, and we intend to continue that fight.

Anti-Semitism and all other forms of hate speech are contrary to the values of Quebec and Canada. They must be denounced publicly, without hesitation.

The Bloc Québécois has always acted to secure social peace and a public space without hatred, discrimination or violence. That fight is crucial for any society that claims to be democratic.

The purpose of the bill is to create a national monument in Ottawa to honour the victims and Canadian survivors of the Holocaust. To that end, Bill C-442 creates the National Holocaust Monument Development Council, whose five members will be selected by the federal government from a list of volunteer candidates. Candidates will have to show that they have a strong interest in and familiarity with the Holocaust. The council members will not be entitled to any remuneration.

The Minister of Transport, Infrastructure and Communities, who is responsible for the National Capital Act, and the monument development council would supervise the monument's design and planning. They would also select an appropriate parcel of public land in Canada's national capital region, where the monument would be erected.

While the minister is tasked with designating the public land, the council would be responsible for a fundraising campaign to pay for the monument's construction. It must be completed within three years of Bill C-442 receiving royal assent.

When we think of the Holocaust, the first images that come to mind are images of horror. All of us have seen pictures of the concentration camps that shocked the entire world.

In the wake of the political and economic crisis that hit Germany after World War I, the National Socialist German Workers' Party singled out the Jews and blamed them for all Germany's troubles. They became scapegoats and the worst lies were fabricated about them.

It is estimated that about three quarters of Europe's Jews were massacred by the Nazis, representing approximately 40% of the world's Jewish diaspora. Six million Jews died under the Nazi regime.

This mass murder was implemented by the Hitler regime, as well as by a number of bureaucrats of the Third Reich and many collaborators, both individuals and states. In addition to Jews, the Nazis also massacred gypsies, homosexuals, disabled people and Slavs from Poland or Soviet countries.

After the war, faced with the horror of the crime that had been committed by Germany, governments the world over agreed to incorporate into international law the crimes of genocide, crimes against humanity and war crimes. These crimes have no equivalent in terms of their gravity.

The purpose of Bill C-442 is to establish a monument to serve as a reminder of this crime.

The Bloc Québécois is in favour of establishing a monument to commemorate the Holocaust. Such a monument would serve as a constant reminder of the violence inherent in intolerance.

In order to preserve a public space of freedom and democracy, we have to fight against intolerance here at home. We cannot remain silent before words or actions that are anti-Semitic, homophobic, sexist or racist and that aim at discriminating against fellow citizens.

We cannot help but be concerned when people are targeted and become victims of discrimination because of their religion, and more generally, their ethnicity, sex, sexual orientation or language.

Canada is not immune. According to Statistics Canada, Canada's police forces have indicated that 785 crimes in 2007 were hate crimes. That was a decline over 2006 when 892 such offences were reported. Of those crimes committed in 2007, 185 were religious hate crimes. Again, that was a decline over the 220 cases reported in 2006.

This data shows a slight decrease in the number of hate crimes, which is good news. Nonetheless, the fact remains that such acts still take place, even though they are unacceptable in democratic societies like Quebec and Canada.

One religious hate crime is one too many. There must be zero tolerance. We must work on putting an end to such crimes. We cannot remain silent, on the sidelines or attempt to downplay the situation.

We must oppose anti-Semitism and racism. Anti-Semitism stems from profound ignorance. Thus, education is the most effective way to oppose it.

We believe that we must raise awareness and foster dialogue to build a Quebec that is even more inclusive and respectful of all its citizens. Priority must be given to education and prevention in order to eradicate beliefs and activities based on hatred.

Funds from anti-racism programs must be first allocated to groups that are victims of racism and hate crimes. All too often, acts of hatred target children in schools. These children very regrettably learn about violence or hatred motivated by race or religion.

In an effort to effectively combat anti-Semitism and all other forms of racism, the Bloc Québécois member for Châteauguay—Saint-Constant presented a concrete proposal in April 2008: she introduced Bill C-384, which was passed at second reading. This bill amended the Criminal Code and created a new offence to prohibit hate-motivated acts of mischief that target specific identifiable groups at institutions such as schools, daycare centres, colleges, universities, community centres, playgrounds, skating rinks and sports centres or any administrative, social, cultural, educational or sports establishment used exclusively or mainly by such groups.

The creation of this offence sends a clear message and reaffirms that society does not tolerate acts of violence against places attended or used by identifiable groups.

This bill—now law—sends the message that violence motivated by hate of a group or community is not tolerated. The specific offence allows us to denounce not only the material damage to a building, for example, but also, and above all, the fact that hatred of an identifiable group, which is the cause of the act, is morally wrong.

Such crimes fly in the face of the values of Quebeckers and the society we wish to create for ourselves. These crimes only increase tensions between members of our society. That is why we must do everything we can, still in line with our own values, in order to prevent such acts from ever happening again.

The bill introduced by my colleague, the hon. member for Châteauguay—Saint-Constant, is already receiving support from minority groups in Quebec and Canada. For instance, the Canadian Jewish Congress sees this bill as an appropriate response to the concerns of the Jewish community.

The Bloc Québécois recognizes the importance of the fight against discrimination and hate crimes. Such acts go completely against the core values that drive Quebec and our party, which always represents the interests of Quebeckers here in the House.

The Bloc Québécois has always opposed anti-Semitism and all other hate crimes, which fly in the face of the values of the Quebec nation.

What kind of shared values are we talking about? It is becoming increasingly necessary to remind people of the shared values on which the Quebec identity is based. The most important values, those that form the foundation of our nation, would, we think, include the following: gender equality—and it is no accident that that is at the top of the list; French as the official language and common public language; democracy; basic human rights; secularism; pluralism; and so on.

In closing, all citizens of Quebec have the same rights. Quebec citizenship is inclusive and unifying. It transcends differences by promoting a collective identity that focuses on civic identity.

In that regard, the monument in question, to be built outside of Quebec, in no way contradicts the values of Quebeckers, and the Bloc Québécois will be pleased to vote in favour of this bill.

Euthanasia and Assisted SuicidePetitionsRoutine Proceedings

December 8th, 2009 / 10:05 a.m.


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Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, I have two petitions that I would like to present. The first petition is from many of my constituents in the Yorkton and Esterhazy areas. The petitioners call upon members of the House of Commons to respectfully reject private member's Bill C-384, which seeks to legalize euthanasia and assisted suicide.

The petitioners say that legalized euthanasia speaks of a culture of death, of giving someone else the right to kill another and is not about compassion, dignity, love or care, but is deliberate killing. As Canadians we stand behind palliative care where intention is crucial, where pain is managed responsibly, and people are embraced and cared for with dignity.

The petitioners need to be assured that we will oppose and prohibit euthanasia and assisted suicide in Canada. They are asking that we reject Bill C-384.