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. The Library of Parliament often publishes better independent summaries.

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.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:25 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, I want to note that after two and a half days of debate, I will be one of the last few speakers of the one-quarter parliamentarians who were actually allotted the opportunity to speak at second reading of Bill C-14. However, I do not want to waste my time raging against that particular issue, because we have an important debate in front of us.

I have watched with envy when some of my colleagues have been able to articulate a really clear position on the legislation, both for and against. Truly, it is going to be with no ease that I will make my vote tonight. It is a very difficult decision for many.

I want to start with a quick reflection on some of the facts about this case and really the two cases that were with the Supreme Court of Canada which ultimately ended up in very different results.

I have heard again and again that the public sees Sue Rodriguez and Gloria Taylor as remarkably similar in terms of the struggle they were having with ALS, which of course is a horrific degenerating neurological disease. Notwithstanding those very similar fact patterns, the 2015 Carter decision did not follow the 1993 precedent and, indeed, was really a completely contradictory position which struck down a 21-year-old law which declared physician-assisted suicide as an indictable offence.

It is an age-old argument that the court should interpret laws and not make them. I actually do acknowledge that the Charter of Rights and Freedoms requires interpretation by our courts, but I would also like to argue that once an interpretation is given, the offering of consistent rulings makes sense to the general public.

As societal views change on any particular issue, it is the responsibility of the legislative branch to adapt to changing public values.

I do want to reject the statements that many have made that Parliament was not willing to consider the issue. In 2010, there was a vote. I remember that my colleague Steven Fletcher spoke very eloquently. He had a private member's bill. I have no doubt we would have dealt with this issue again in this Parliament.

I also want to note that Quebec and many countries took a long time, six years, 10 years, to craft a piece of legislation to talk to their communities.

The Supreme Court of Canada's decision affects every Canadian, and every member of Parliament, I believe, had a responsibility to talk to their constituents in detail.

I did send a letter to every household in my riding right after the Supreme Court of Canada decision. This was consultation before the last election. Of the over 1,000 responses I received, approximately 70% recognized there were some cases where they believed that physician-assisted suicide might be important.

Then we had the actual legislation. I made a commitment and said that if anyone wanted to join me in a round table, I would give them every minute of the last constituency week.

As members can imagine, we had round table after round table, including round tables with physicians and seniors groups. They were powerful discussions. They were divisive discussions. People had very different perspectives, but I think there are three areas that they did agree upon.

Palliative care has to be improved. There is no question about that. I did some quick calculations. That $30 billion over four years, in terms of a home care budget in the health authority I represent, is actually a pittance in terms of their being able to change a palliative care system.

Again, everyone agreed that there is a slippery slope and that there is no confidence that we are not going to head down that slippery slope. As a result, two recommendations were made.

One recommendation was that two physicians may make a decision but a social worker and a psychologist should inform the physicians' decision, or alternatively, there should be a judicial review process. I think those were important considerations. They absolutely 100% believe that the protection of health conscience rights of our providers must be in federal legislation.

I will reflect on a few comments from those opposed and from those who were supportive, and then I will conclude.

People opposed to the legislation were not opposed to any technical pieces of the legislation but because they believed we were talking about murder, a profound diminishment of respect for life, and that vulnerable individuals would choose to end their life if they felt they were a burden.

I would like to quote a physician who sent me an email. He said, “I certainly have some concerns with the proposed legislation and would not feel comfortable in bringing about a patient's death. That is not why I went into medicine. I am actively involved in palliative care and believe this is a compassionate and crucial service to people near the end of their lives. Sometimes it's messy and life spills all over the floor. It seems to me that sometimes families want to avoid the challenge of lovingly caring for these individuals. Our society likes tidy, convenient outcomes. It seems to me that this is frequently the motive underlying assisted death. I would take great exception to legislation that would force me to refer someone on for assisted suicide against my conscience. I would certainly explain to the patient that there may be other physicians that would be willing to assist them and taking their life”.

That was from one of the very reputable physicians in the community that I represent. Again, in these round tables there were community members both in support and against the legislation.

We had an 80-year-old woman come to a session who wanted that option available to her. She did not have to worry about family and said that it was strictly something that she wanted for herself.

Another constituent, who joined us, talked about being with her stepdad and dad when they died. She talked about the very awful, tragic end that both of them had in spite of the best palliative care that was available. She expressed how awful it was.

I think she would have rejected the physician's characterization that she would choose that end because it was tidy or because she did not have the compassion. She was clearly willing to do whatever she needed to do to help her stepdad and dad, but felt that they needed better options.

Probably one of the most emotional conversations was when someone said, “I respect your opinion on this issue, and I know that you believe it is wrong, but can you please respect mine?” Again, that dialogue was happening where there was a request of respecting one's opinion.

The legislation needs some work and certainly the commitment around palliative care is very minimal. We must have protection for the conscience rights of our health providers in the legislation. As well, we really need to reflect on providing protection for the vulnerable who feel they are a burden.

I will support the legislation at second reading for three reasons. First, I believe that ultimately it will serve Canadians better than having a legal void. Second, indications are that a significant number, a majority, in my riding do support assisted suicide and euthanasia. Finally, everyone reflects personally, and if I ever had family members with ALS or another devastating disease who said that they wanted to lie on their bed, listen to their music, look at the mountains, rather than palliative sedation at the end of their time, and that's what they choose, how could I not support them in their request to escape intolerable pain and suffering?

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:35 p.m.
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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Madam Speaker, I would like to thank the hon. member for Kamloops—Thompson—Cariboo for her passionate speech, her experience on this file, being a medical professional, and the work that she did with her constituents to come up with the decision to support this important bill at second reading, and taking it to committee stage.

With her professional medical experience and passion, would she be able to convince members on the other side to support this bill, so that we have something concrete in place to help the many individuals who she and other members have compassion for?

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:35 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, I respect that every member of the House has been dealing with this very difficult issue in their own way. They will vote tonight based on a whole number of factors. Again, the votes at report stage and third reading stage will reflect what comes out of committee.

We are all talking about this important issue and reflecting on the grave responsibility that has been given to us.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:35 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, one thing that is distressing me as we move toward closure on this debate is the assertion that June 6 is a deadline that the House cannot exceed. It is very true that June 6 is the deadline and it cannot be moved. I accept that we cannot go back to the Supreme Court and ask for more time. We must have a full debate and avoid a trap set by opposition parties to get the new government to start repeating the anti-democratic mistakes in the House of using closure frequently. We are now getting into a situation where we must move under closure.

Does she agree with me that it might be possible to allow this debate to have gone properly and fully even if there was a lacuna between when the current Criminal Code provisions were no longer legal and removed from the Criminal Code and when the new framework comes into place?

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:35 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, I am not a lawyer like many in the House, but I originally understood debate was going until midnight tonight, which would have allowed for a lot more debate on this particular issue.

I also know, because I was there just a few days ago, that although the committee cannot look at amendments yet, it is hearing from many witnesses. The government has rushed into closure today, when I had understood there was goodwill on the part of all House leaders. I was looking forward to standing in the House at perhaps 10 o'clock this evening and talking about this particular issue.

I feel privileged and honoured that at least I had the opportunity as one of the last to stand and debate at second reading.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:40 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 wish to respond to the leader of the Green Party's concern with regard to June 6. At the end of the day, there will be a whole lot more vulnerability within the communities that we serve if we did nothing. The Supreme Court, nine judges, unanimously said that we need to fill a void. The government, along with the support of members of all political parties, has recognized the need for this legislation.

My question to the member—

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

In order for the hon. member to answer, we must give her some time.

The hon. member for Kamloops—Thompson—Cariboo.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:40 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, one of my rationales for supporting the bill at second reading is the statement that I thought it might be better to have no void in terms of legislation, but I will certainly defer my final decision until third reading and report stage.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Before we resume debate, I want to remind the member for North Okanagan—Shuswap that he will only have a few minutes because we will have to end debate as the time will have expired. I will give the member a signal.

Resuming debate, the member for North Okanagan—Shuswap.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:40 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I feel very fortunate to rise to speak to this issue today. Unfortunately, as you mentioned, I will not have the full time. I was hoping to speak fully on the issue, especially on behalf of the constituents who have continuously contacted me in my office with their concerns over the issue. I feel unfortunate for those members who have no ability to speak to the bill because of the closure that was forced upon us by the Liberal government.

An issue of this importance should not be forced through closure, as has been done today. This needs to be fully debated to the fullest extent. I am appalled at the other side for what it has done to us here. We need to fully consider all the implications of what is being presented in the bill. There are so many details missing in the definitions and in the possibilities down the road.

I want to relate a personal story here that expresses why I am so concerned about what is missing and why I want to ensure all the safeguards possible are put in place in the bill.

A few years ago, I had the honour and the burden of being the authorized representative for my mother in the final years of her life. Her health was gradually degrading through dementia and diabetes, to the point where it was getting difficult to have just a regular conversation with her. In fact, in the final few months it got to the point where she knew what a telephone was, but she did not know to answer it when it rang, or how to dial it anymore. Having done that for decades, she could no longer associate what to do with the telephone.

After three or four months of that, just before Christmas she became quite ill with the flu. We were not sure if she was going to be able to pull through or not. Whatever that illness did to her in her state of dementia, we are not sure. However, we were fortunate enough to visit with her on Boxing Day. We went in to see her. She had fully fluent and cohesive conversations with us. Not only that, earlier in the day she had picked up the telephone and phoned every one of my five siblings, dialing their phone numbers from memory. That was something she had not been able to do for months.

Right now, many people will look at dementia and some of these degenerative diseases as being incurable, but that day, that very short period of time proved to me that it is not always the case.

Therefore, when we are considering Bill C-14, every last one of us as members of Parliament really need to consider this because we are making a decision that is going to impact not just us in the House but the physicians and caregivers out there dealing with these patients, and with possibly many lives down the road.

I am appalled that we have closure on this today. I certainly hope that what goes to committee and what comes back does not open the floodgates to all the dangerous slippery slopes we see down the road.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I apologize for not giving you enough time, but it being 5:45 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House, and of the motion that this question be now put.

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

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:45 p.m.
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Some hon. members

Agreed.

No.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

All those in favour of the motion will please say yea.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:45 p.m.
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Some hon. members

Yea.

Second ReadingCriminal CodeGovernment Orders

May 4th, 2016 / 5:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

All those opposed will please say nay.