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

This bill is from 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 has also written a full legislative summary of the 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 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-14s:

C-14 (2025) Bail and Sentencing Reform Act
C-14 (2022) Law Preserving Provincial Representation in the House of Commons Act
C-14 (2020) Law Economic Statement Implementation Act, 2020
C-14 (2020) Law COVID-19 Emergency Response Act, No. 2

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.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:40 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, that certainly raises a good possibility. To invoke the notwithstanding clause would in fact give Parliament the kind of time that we need to study this important issue.

The rush with which the government has moved forward on an issue of such intense, immense significance is really inappropriate. We saw in the joint committee a lack of ability to get many witnesses in. We saw the same thing in the justice committee. Today we have seen a number of examples where we wasted hours on quickly moving other bills forward on the agenda when we, as members, were informed that today, beginning at 10 o'clock this morning, we would begin to discuss Bill C-14.

We have not had enough time to discuss this issue and it is of too great a significance for us to allow this to proceed in its current form.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:40 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I realize that the hon. member did run out of time, but I actually started to take note of some of the changes that he was proposing. He started in the preamble. I would like to ask the hon. member what other changes he is proposing to the legislation.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I thank my colleague for this opportunity.

Second, I believe it is important to ensure that a palliative care consultation must be done to inform patients of the full range of available treatments and support services that are available and actually ensure that they are available.

We also need to insist on a prior review by a judge or a panel to ensure that no coercion exists and that all of the criteria are met.

We need to protect the conscience rights of health care professionals and institutions. I think we heard earlier the fear that if institutions are not protected in terms of their conscience related to this, patients may actually fear going to those institutions.

Finally, if physically able, the patient must self-administer the lethal substance, rather than having a doctor administer that substance.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Speaker, my colleague seems to be mixing things up and is creating confusion in the debate.

I wonder if he could clearly and succinctly tell us the difference between a compassionate crime, assisted suicide, euthanasia, and suicide.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I think I clearly indicated the differences on this in the speech I made at second reading.

Members will know that over the last eight to 10 years, I have devoted a lot of energy to the issue of mental health and suicide prevention.

Here we are talking about so-called compassion, and I do not see anything compassionate about ending someone's life prematurely. The very word “compassion” means to “suffer with”. We cannot suffer with someone whose life we have simply terminated.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Speaker, it is my understanding that this issue has been before the House about 11 times since 1991. I know that my colleague was present for the special joint committee, but they also had an external report and a provincial and territorial report. The special joint committee, in fact, heard from more than 60 witnesses and read more than 100 submissions. Also, my understanding is that even today there was an offer to extend the time for debate, which I believe my colleague and his friends did not approve.

My question for him is, how much more debate, particularly in light of very big similarities between his two speeches, do we really need on this point?

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I simply want to mention again that we lost hours and hours of debate time this morning when we could have been debating this. More important than debate in this House is that we did not take the time, either in the joint committee or in the justice committee, to hear from groups across Canada who wanted to appear before those committees to share their concerns about this proposed law. Had we taken more time to listen to those Canadians, I am sure we would have a different result moving forward.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

The Deputy Speaker Bruce Stanton

Before we resume debate, I will let the hon. Parliamentary Secretary to the Minister of Natural Resources know that we only have about a minute and a half to two minutes left in the time remaining.

Resuming debate, the hon. parliamentary secretary.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:45 p.m.

Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, while my time for debate is short, I look forward to continuing it tomorrow.

As members know, the issue of conscience objection has been a topic of considerable discussion in relation to medical assistance in dying. Fundamentally, this debate highlights the need to achieve an appropriate balance in respecting the rights of physicians, nurse practitioners, and other health care providers to abstain from providing medical assistance in dying while supporting the rights of eligible patients to access such services.

It is evident that governments, national associations, and also members of the public recognize the moral and ethical struggle that health care providers could experience regarding medical assistance in dying. Most provincial medical regulatory bodies have already provided professional guidance around safeguarding the conscience rights of physicians. Provinces, like Alberta and New Brunswick, say that their physicians are under no obligation to participate in assistance in dying. However, they recognize that continuity of care, especially at this most critical time in a person's life, also cannot be neglected. Patients cannot be abandoned.

Report StageCriminal CodeGovernment Orders

May 17th, 2016 / 5:50 p.m.

The Deputy Speaker Bruce Stanton

The hon. member for Northumberland—Peterborough South will have eight and a half minutes remaining for her remarks when the House next resumes debate on the question.

It being 5:49 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

The House resumed from May 17 consideration of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as reported (with amendments) from the committee, and of the motions in Group No. 1.

Criminal CodeGovernment Orders

May 20th, 2016 / 10:05 a.m.

The Assistant Deputy Speaker Carol Hughes

The hon. Parliamentary Secretary to the Minister of Natural Resources has eight and a half minutes remaining in her speech.

Criminal CodeGovernment Orders

May 20th, 2016 / 10:05 a.m.

Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Madam Speaker, as I was saying the other day about Bill C-14, it is evident that governments, national associations, and members of the public recognize the moral and ethical struggle that health care providers could experience regarding medical assistance in dying.

Most provincial and medical regulatory bodies have already provided professional guidance around safeguarding the conscience rights of physicians. Provinces like Alberta and New Brunswick say their physicians are under no obligation to participate in assistance in dying. However, they recognize that continuity of care, especially at this most critical time in a person's life, also cannot be neglected. Patients cannot be abandoned.

The Canadian Medical Association's submission to the Special Joint Committee on Physician-Assisted Dying recommended that physician freedom of conscience be recognized as a key component of the federal legislative response to the Carter decision. Participants at a public town hall meeting in Mississauga, Ontario, raised concerns about the ethical dilemmas facing physicians if they chose to be involved in medical assistance in dying.

On May 10, proposed new section 241.2 was carried. In effect, this amendment clarifies that there is nothing in the legislation that would compel a person to provide or assist in providing medical assistance in dying. This amendment would contribute to public awareness that the bill recognizes both the rights of health care providers for freedom of conscience and the needs of Canadians who wish to have access to medical assistance in dying.

It is clear that no health care provider would be required to provide medical assistance in dying. However, we must also respect the rights of people seeking this procedure to have reasonable access. We know that there are many physicians who would provide medical assistance in dying to an eligible patient under their care. We heard from them throughout the consultations leading up to Bill C-14.

In a poll of 372 physicians, the College of Family Physicians of Canada found that 65% would help a competent, consenting, dying patient end his or her life, if requested. However, as was presented to the Standing Committee on Justice and Human Rights by Dr. Jeff Blackmer of the Canadian Medical Association, having health care practitioners willing to provide medical assistance in dying is only one part of the equation. The other very important factor is the ability to connect eligible patients with these willing practitioners.

People seeking medical assistance in dying will have already encountered many challenges. Once they have made this difficult personal choice, they do not need additional barriers, such as the lack of a provider. The government has committed to develop measures that will support access to medical assistance in dying and to work with provinces and territories toward a common approach to referrals or transfer of patient care.

Provinces and territories have also indicated that they feel that a third party referral function would be a viable option. This would respond to the access needs of patients and protect the conscience rights of health care providers who do not wish to refer patients for medical assistance in dying. To this end, we will be working with provinces and territories to develop an end-of-life care coordination system.

In its simplest form, this system would provide a registry of authorized providers willing to accept patients whose providers consciously object to this practice. It could also provide a system through which patients could self-refer to an authorized provider to seek an assessment of their eligibility. The end-of-life care coordination system could also be a source of information and resources to both patients and providers on all aspects of medical assistance in dying—eligibility criteria, safeguards, and so on—as well as information about other end-of-life options, including palliative care.

Similar systems are used in several other countries. For example, both Belgium and the Netherlands offer specialized services that provide physicians with access to a registry of trained, independent, and impartial physicians who offer consultations on end-of-life options, including euthanasia requests.

Collaborative federal, provincial, and territorial work could consider such international examples in establishing a made-in-Canada model to provide providers and patients with access to a system that could transfer care to a physician willing to assess and administer requests for medical assistance in dying.

Additionally, the system could service medical and nurse practitioners in need of an independent consulting practitioner, for example, in rural ridings, such as the one where I live, in remote areas, and where access to a second provider is challenging.

We trust our health care providers to work hand in hand with us in helping to maintain and improve our health. When our needs change, and we look for ways to relieve suffering and avoid a long and painful end, Canadians want to be confident that these providers will not abandon them but will help them choose their own paths.

I look forward to working with my federal, provincial, and territorial colleagues to ensure that, when the time comes, compassionate care and support at the end of life will be available to Canadians without undue burden or delay.

Physicians are key to the end-of-life process. They are a critical thread that not only binds but frames this whole discussion. They are imperative to move this important debate forward. I have shared my very personal experiences on palliative care and on how critical it is.

I met this past weekend with a physician in my riding who spent years working with palliative patients. This is a man who is passionate about end-of-life care, and he expressed unequivocally to me how important this legislation is. He felt that there is a strong desire on behalf of the medical community to find the right path to ensure that we have the best care options. This legislation is a major step forward on that very important path.

This legislation has created a national conversation around end-of-life care, palliative care, and home care and how we want to be treated at the end of our lives. This has to be the most important conversation we can ever have.

This is a true legacy piece. I believe the decisions we make around this bill will reverberate positively for years to come. As I said before, I am confident the proposed legislation provides us with a balanced solution that reconciles diverse interests in medical assistance in dying and is appropriate for Canada.

Criminal CodeGovernment Orders

May 20th, 2016 / 10:10 a.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, one of the things the member mentioned was choice in end-of-life care.

My concern is that, when Canadians were voting last fall, they knew this bill was in the pipe. Members are aware that the Liberals, when they campaigned, promised they would put $3 billion towards palliative care and home care. Sadly, in this past budget, as members are aware, there are absolutely zero new dollars for palliative care.

We know that the Liberals are rushing this bill forward. We have seen the antics this week. People watching today should probably know that the antics this week were about shutting down debate on this very issue.

If the Liberals are truly offering a choice to Canadians, there is still enough time. Could the member talk to the health minister and the finance minister, and please have that $3 billion put into palliative care, as the Liberals promised in their election campaign?

Criminal CodeGovernment Orders

May 20th, 2016 / 10:10 a.m.

Liberal

Kim Rudd Liberal Northumberland—Peterborough South, ON

Madam Speaker, in budget 2016, there is indeed $3 billion for health care. Part of that discussion with the provinces and territories is clearly around home care and palliative care.

We have made that commitment. We certainly heard it from the Minister of Health a number of times.

As we know, the provinces and territories have jurisdiction over health care. Our role is to have the conversation with our partners to make sure we have all of those supports for assistance in dying, and to make sure we are reflecting Canadians' rights to assistance in their very difficult time at the end of their life and also the rights of physicians to support Canadians.