An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to, among other things,
(a) create exemptions from the offences of culpable homicide, of aiding suicide and of administering a noxious thing, in order to permit medical practitioners and nurse practitioners to provide medical assistance in dying and to permit pharmacists and other persons to assist in the process;
(b) specify the eligibility criteria and the safeguards that must be respected before medical assistance in dying may be provided to a person;
(c) require that medical practitioners and nurse practitioners who receive requests for, and pharmacists who dispense substances in connection with the provision of, medical assist­ance in dying provide information for the purpose of permitting the monitoring of medical assistance in dying, and authorize the Minister of Health to make regulations respecting that information; and
(d) create new offences for failing to comply with the safeguards, for forging or destroying documents related to medical assistance in dying, for failing to provide the required information and for contravening the regulations.
This enactment also makes related amendments to other Acts to ensure that recourse to medical assistance in dying does not result in the loss of a pension under the Pension Act or benefits under the Canadian Forces Members and Veterans Re-establishment and Compensation Act. It amends the Corrections and Conditional Release Act to ensure that no investigation need be conducted under section 19 of that Act in the case of an inmate who receives medical assistance in dying.
This enactment provides for one or more independent reviews relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.
Lastly, this enactment provides for a parliamentary review of its provisions and of the state of palliative care in Canada to commence at the start of the fifth year following the day on which it receives royal assent.

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

June 16, 2016 Passed That a Message be sent to the Senate to acquaint their Honours that this House: agrees with the amendments numbered 1, 2(d), 2(e), 4, and 5 made by the Senate to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying); proposes that amendment 2(c)(i) be amended by replacing the text of the amendment with the following text “sistance in dying after having been informed of the means that are available to relieve their suffering, including palliative care.”; proposes that amendment 3 be amended in paragraph (b) by adding after the words “make regulations” the words “that he or she considers necessary”; respectfully disagrees with amendment 2(a) because requiring that a person who assists to be free from any material benefit arising from the patient's death would eliminate from participation the family members or friends most likely to be present at the patient's express wish, and this would violate patient autonomy in a fundamental and inacceptable manner; and respectfully disagrees with amendments 2(b), 2(c)(ii), and 2(c)(iii) because they would undermine objectives in Bill C-14 to recognize the significant and continuing public health issue of suicide, to guard against death being seen as a solution to all forms of suffering, and to counter negative perceptions about the quality of life of persons who are elderly, ill or disabled, and because the House is of the view that C-14 strikes the right balance for Canadians between protection of vulnerable individuals and choice for those whose medical circumstances cause enduring and intolerable suffering as they approach death.
June 16, 2016 Failed That the motion be amended by: ( a) deleting the paragraph commencing with the words “respectfully disagrees with amendments numbered 2(b), 2(c)(ii), and 2(c)(iii)”; and ( b) replacing the words “agrees with amendments numbered 1, 2(d), 2(e), 4, and 5” with the words “agrees with amendments numbered 1, 2(b), 2(c)(ii), 2(c)(iii), 2(d), 2(e), 4, and 5”.
May 31, 2016 Passed That the Bill be now read a third time and do pass.
May 31, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), be not now read a third time but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering Clause 3 with a view to ensuring that the eligibility criteria contained therein are consistent with the constitutional parameters set out by the Supreme Court in its Carter v. Canada decision.”.
May 30, 2016 Passed That Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
May 30, 2016 Failed “Health, no later than 45 days after the day”
May 30, 2016 Failed “(7.1) It is recognized that the medical practitioner, nurse practitioner, pharmacist or other health care institution care provider, or any such institution, is free to refuse to provide direct or indirect medical assistance in dying. (7.2) No medical practitioner, nurse practitioner, pharmacist or other healthcare institution care provider, or any such institution, shall be deprived of any benefit, or be subject to any obligation or sanction, under any law of the Parliament of Canada solely by reason of their exercise, in respect of medical assistance in dying, of the freedom of conscience and religion guaranteed under the Canadian Charter of Rights and Freedoms or the expression of their beliefs in respect of medical assistance in dying based on that guaranteed freedom.”
May 30, 2016 Failed “(3.1) The medical practitioner or nurse practitioner shall not provide a person with assistance in dying if the criteria in subsection (1) and the safeguards in subsection (3) have not been reviewed and verified in advance (a) by a competent legal authority designated by the province for that purpose; or (b) if no designation is made under paragraph (a), by a legal authority designated by the Minister of Health in conjunction with the Minister of Justice for that purpose. (3.2) The designation referred to in paragraph (3.1)(b) ceases to have effect if the province notifies the Minister of Justice that a designation has been made under paragraph (3.1)(a).”
May 30, 2016 Failed “(3.1) As it relates to medical assistance in dying, no medical practitioner or nurse practitioner may administer a substance to a person if they and the medical practitioner or nurse practitioner referred to in paragraph (3)(e) concur that the person is capable of self-administering the substance.”
May 30, 2016 Failed “(d) their imminent natural death has become foreseeable, taking into account all of their medical circumstances.”
May 30, 2016 Failed
May 30, 2016 Failed “(f) they have, if they suffer from an underlying mental health condition, undergone a psychiatric examination performed by a certified psychiatrist to confirm their capacity to give informed consent to receive medical assistance in dying.”
May 30, 2016 Failed “(f) prior to making the request, they consulted a medical practitioner regarding palliative care options and were informed of the full range of options.”
May 30, 2016 Failed
May 18, 2016 Passed That, in relation to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
May 4, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
May 4, 2016 Passed That the question be now put.
May 4, 2016 Passed That, in relation to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:20 p.m.


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Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, I want to pre-emptively address what I anticipate might be coming from the government side about the use of this procedural tactic, and I hope we can get down to the actual substance of the bill, debate on which is now being shut down.

Whatever merit there may be for a government at some point or another to try to allocate time, this bill is of such an important nature. It is such a monumental shift for Canadian society. Many members wanted to speak to the bill. We had tried to find ways that we could accommodate that, while at the same time not unduly delaying a response to a court decision.

I know there are many different views on all sides of the House on this. I would like to ask the minister why she felt it was necessary, after only two complete days of debate, that we would now find ourselves shutting down debate, preventing members of Parliament to express the views of their constituents or their own conscience on this very important bill.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:25 p.m.


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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to stand to speak about this. We recognize that the Supreme Court of Canada has put in place a deadline of June 6. We respect the Supreme Court of Canada in terms of responding to the Carter decision and have put forward Bill C-14 to do just that.

There has been substantive debate in the House. We have had over 21 hours of debate. Eighty-four members of Parliament, from every party in the House, have had the opportunity to speak.

We need to ensure we meet the court's deadline. We need to get this into committee so if amendments are proposed, they can be proposed at the committee stage.

I would further respectfully submit that yesterday we tried to extend the sitting hours as late as necessary to ensure that all MPs who wanted to speak had the opportunity to do so. Unfortunately, the opposition decided to limit the hours of debate.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:25 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, that is absolute rubbish, and it is shameful. The opposition parties were very clear that we wanted to debate the issue throughout the week. That was the initial government offer. Now we are seeing a shameful backtracking from the government.

The Liberals promised sunny ways. They promised that they would respect opposition parties in the House. I remember them promising as well that they would respect parliamentary debate in this place. They had no better opportunity to prove they would actually walk the talk than on Bill C-14, which is a non-partisan issue to which I think all members of Parliament want to give voice.

However, now we are seeing, shamefully, the use of closure to shut down what should have been a non-partisan debate through the course of this week.

What is even more appalling is that in the previous government, it would allow five days of debate. The Liberals are shutting this down after two-and-a-half days of debate, only. Why are sunny ways turning to dark ways, and why are Liberals shutting down debate on the bill after only two-and-a-half days?

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:25 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I agree with my colleague across the aisle about the sensitive nature, the deeply emotional, and complex realities in our consideration of Bill C-14. Putting in place a medical assistance in dying regime in our country is transformative. It is a paradigm shift.

There has been substantive debate. There have been submissions made by 84 members in the House. There was ample opportunity to debate this.

Ten members from the member opposite's party had the opportunity to speak, and members from his party stopped speaking last night at 11:00 o'clock.

We need to fundamentally ensure that we meet the Supreme Court of Canada's deadline of June 6. We are endeavouring to do so to ensure we can get this substantive piece of legislation through the parliamentary process to comply with the Supreme Court's deadline.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:25 p.m.


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Conservative

Peter Kent Conservative Thornhill, ON

Mr. Speaker, the application of the guillotine motion is outrageous. The government is behaving as though it is a prankster in a model parliament.

Almost two-thirds of the official opposition caucus have been denied the opportunity to debate this important moral issue. An even greater percentage of Liberal members have been denied the opportunity.

On one of the most important moral issues to be debated in the House for years, why is the government not extending evening sittings?

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:25 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I recognize the importance of this piece of legislation. Knowing and ensuring that we need to comply with the Supreme Court of Canada's decision on June 6, parliamentarians have an obligation to do so.

The hon. member's party stood in the way of having unlimited debate on this matter in this House on a substantive piece of legislation. We need to ensure that we provide the ability to get this into committee to have further discussion.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:30 p.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I am completely astounded. A similar process in Quebec lasted no less than six years and they want me to believe that, after 21 hours of debate, we will achieve the same thing. The House is probably where there is the broadest representation of all the opinions that can be expressed across Canada. Does the minister really believe that by cutting short the debate she will be able to establish a consensus?

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:30 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, as I indicated, this is an incredibly difficult and sensitive issue. It is imperative that we meet our responsibilities as parliamentarians and put in this complex regulatory regime by the Supreme Court's deadline of June 6. It would be irresponsible if we did not put those measures in place.

We are working incredibly hard, as have parliamentarians from all sides of this House, to contribute toward a special joint committee report that provided recommendations. It is our government that has provided the forum to engage parliamentarians in this substantive discussion.

We need to ensure that the discussion continues at committee. We need to ensure that the discussion continues in and around the kitchen tables of this country. This is a paradigm shift. This is an important subject that we need to ensure continues to be at the height of our political debate. That is the undertaking we are making.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:30 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I am very troubled by this decision. This is one of the most important issues facing this Parliament.

Last week, I opened myself up and said I would have round tables day and night until every person in my riding has had the opportunity to come to a round table and talk to me about it. I may or may not get to speak to the input that they gave me except for some suggestions that I have.

Again, I know the committee. I was there two days ago. The committee is reflecting on this legislation as we speak. There is no excuse for the government to cut debate early this week.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:30 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, we have had substantive discussion in this House. About 84 members of Parliament have spoken to this. Some Conservative members have actually spoken more than once with respect to this important discussion.

I look forward to ensuring that this substantive piece of legislation is put through the parliamentary process to get it to committee, so we can continue to have those discussions, and where there are well-considered amendments to be proposed, we can have those considerations.

The bill needs to receive third reading and then go to the other chamber. This is a commitment. This is a direction of the Supreme Court of Canada. We have the utmost respect for that institution and we will meet that deadline of June 6.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:30 p.m.


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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Mr. Speaker, my question is to the Minister of Justice.

I have heard the official opposition suggest that the deadline of June 6 imposed by the Supreme Court is an arbitrary one and is wondering why the government has not gone back to seek a further extension.

Of course, the government originally sought a six-month extension of the suspension of the offending sections of the Criminal Code but was only granted a four-month extension.

Does the minister believe that there is actually any substantive merit to the new legal issues that would actually allow the Supreme Court to revisit this particular issue?

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:30 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, it is an incredible pleasure to have the member back in the chamber, and I thank him for the question.

As he quite rightly pointed out, when we formed government, we recognized that there had not been substantive discussions on this really important issue.

The Supreme Court of Canada issued its decision on February 6, 2015. When we came into government, we sought to put in place substantive measures and steps to ensure that we engaged Canadians and parliamentarians on this particular issue.

We asked for an extension of the Supreme Court deadline. We asked for six months and we received four months. The Supreme Court of Canada, in issuing its decision, said that this was an extraordinary step to extend the deadline, and certainly they referenced the reality of a federal election.

We would not, in my view, be successful if we went back to the Supreme Court once again to seek an extension.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, this is a difficult debate because it is not about Bill C-14. It is about democracy in this place. The reason it is not democracy is that for the last four years under the majority Conservative government, we saw the illegitimate use of closure more than 100 times in this place. We looked to the new government and we believed in the mandate that there would be greater respect for opposition parties.

My faith in that was crushed by the decision of the hon. House leader to insist that Liberals at committee pass a motion that deprived me of my rights at report stage. Now we have closure on this matter.

I have the utmost respect for the Minister of Justice. I hold her in high esteem, so I ask her this question. In balancing the harms, the harm to democracy in this place versus the risk that taking the time to do Bill C-14 right might take us beyond June 6, would there be harm done? That is my key point as a lawyer. The Supreme Court of Canada decision could take effect. We could be late having royal assent and there could be a—

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:35 p.m.


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The Assistant Deputy Speaker Anthony Rota

The hon. Minister of Justice.

Bill C-14—Time Allocation MotionCriminal CodeGovernment Orders

May 4th, 2016 / 3:35 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I acknowledge my colleague across the way for her questions and concerns. Certainly, we are speaking about time allocation. I would share my colleague's discussion and prominence in terms of putting democracy and participatory democracy at the front of everything that we do. We have provided substantive discussion on this really important issue. Many members have been able to stand and speak to this issue.

Looking at the Supreme Court of Canada deadline of June 6, we need to put a federal framework in place. If we were to eclipse that deadline, there would be no procedural safeguards. There would be no safeguards to protect the vulnerable. It is incumbent upon parliamentarians to do the job that the Supreme Court of Canada asked us to do and put in place a federal framework by June 6.