An Act to amend the Criminal Code (medical assistance in dying)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Sponsor

David Lametti  Liberal

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) repeal the provision that requires a person’s natural death be reasonably foreseeable in order for them to be eligible for medical assistance in dying;
(b) specify that persons whose sole underlying medical condition is a mental illness are not eligible for medical assistance in dying;
(c) create two sets of safeguards that must be respected before medical assistance in dying may be provided to a person, the application of which depends on whether the person’s natural death is reasonably foreseeable;
(d) permit medical assistance in dying to be provided to a person who has been found eligible to receive it, whose natural death is reasonably foreseeable and who has lost the capacity to consent before medical assistance in dying is provided, on the basis of a prior agreement they entered into with the medical practitioner or nurse practitioner; and
(e) permit medical assistance in dying to be provided to a person who has lost the capacity to consent to it as a result of the self-administration of a substance that was provided to them under the provisions governing medical assistance in dying in order to cause their own death.

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

March 11, 2021 Passed Motion respecting Senate amendments to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)
March 11, 2021 Failed Motion respecting Senate amendments to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying) (amendment)
March 11, 2021 Passed Motion for closure
Dec. 10, 2020 Passed 3rd reading and adoption of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)
Dec. 3, 2020 Passed Concurrence at report stage of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)
Dec. 3, 2020 Failed Bill C-7, An Act to amend the Criminal Code (medical assistance in dying) (report stage amendment)
Oct. 29, 2020 Passed 2nd reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)

Criminal CodeGovernment Orders

February 27th, 2020 / 4:45 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Sherwood Park—Fort Saskatchewan, Public Safety; the hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes, Ethics.

The House resumed consideration of the motion that Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I rise today to address Bill C-7, an act to amend the Criminal Code, medical assistance in dying.

Assisted dying is the leading moral and ethical issue of our time. Previously respected traditions supporting the sanctity of all human life until natural death have been tossed aside, most recently with the Supreme Court's decision in the landmark Carter case.

As parliamentarians, it is incumbent upon us to draft responsible legislation that protects the sanctity of life, protects those contemplating suicide and protects vulnerable peoples. These are principles outlined in the preamble to Bill C-14, the landmark legislation that governs assisted dying in this country. These are principles, although restated largely in Bill C-7, that are being watered down and undermined by this legislation.

As recently as the early 1990s, the Supreme Court ruled in the Rodriguez case that there was no constitutional right to assisted dying in this country. The Carter decision overruled that previous decision, and now Parliament has been tasked to take on the difficult task of balancing the autonomy of Canadians with protecting vulnerable people.

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Order. The hon. member for Shefford on a point of order.

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I cannot hear the interpreters.

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Thank you for drawing our attention to the problem with the interpretation service, a very important tool for the members of the House.

Resuming debate. The hon. member for Sturgeon River—Parkland.

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, would I be able to restart for the benefit of my colleagues?

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Perhaps the member could go back about 30 seconds and pick it up from there.

The hon. member.

Criminal CodeGovernment Orders

February 27th, 2020 / 4:55 p.m.
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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, as parliamentarians it is incumbent upon us to draft responsible legislation that protects the sanctity of life, protects those contemplating suicide and protects vulnerable peoples. These are principles that were outlined in the preamble to Bill C-14, the landmark legislation that governs assisted dying in this country. These are principles that, although largely restated in Bill C-7, are being watered down and undermined by this legislation.

As recently as the early 1990s, in the landmark Rodriguez case, the court ruled that there was no constitutional right to assisted dying in this country. The Carter decision overruled that previous decision, and now Parliament has the difficult task of balancing the autonomy of Canadians with our responsibility to create safeguards for vulnerable Canadians. It is one of our most sacred responsibilities to protect the lives of our citizens. We need to get laws on assisted dying right.

The adoption of medical assistance in dying after the 2015 election is an event I am very familiar with. I had the honour of serving under the member for St. Albert—Edmonton as he took the lead as the Conservative vice-chair of the Special Joint Committee on Physician-Assisted Dying. During this time, I was involved in all aspects of the committee that was making recommendations on a new law. I heard from all the witnesses, and I listened to all deliberations regarding what direction our country should take.

That committee recommended a radical departure with very few safeguards. These recommendations did not reflect the testimony of experts, but instead the political agenda of special interests.

The Conservative minority report provided at the joint committee was entrenched firmly in the principles of the Supreme Court's decision in Carter, and included recommendations that were laid out by key witnesses, such as the former president of the Canadian Psychiatric Association, Dr. Karandeep Sonu Gaind. It outlined key principles for us on the issue of physician-assisted dying.

These included not accepting the provision that assistance in dying be provided to those under the age of 18, in line with the Carter decision, which stated that only competent adults should be allowed access to assisted dying. We also did not accept the extension of medical assistance in dying for those suffering exclusively from mental illnesses. We did not believe that any mental illness is irremediable, as the Canadian Psychiatric Association stated.

We also did not believe in the validity of advance directives to allow Canadians to consent to an assisted death far in advance of its administration. This change would stand opposed to the express will of the Supreme Court of Canada, which ruled that consent must be contemporaneous with the time of death.

We also recognized the lessons of the Quebec experience, as the first jurisdiction in this country to legalize euthanasia. In its regime, medical assistance in dying could only be rendered on adults with a severe, incurable physical illness, characterized by an advanced state of irreversible decline.

I believe many Canadians can sympathize with this limited exception for assistance in dying; however, even these safeguards have proved to be short-lived. Barely five years later, the courts and the government have decided that these safeguards are far too restrictive.

How did we get here today? Barely had the ink dried on Bill C-14 before proponents of expanded assisted dying launched their campaign to eliminate necessary safeguards.

As a Conservative who strongly believes in the sanctity of human life, Bill C-14 was a difficult pill to swallow. However, it was one that I believed upheld many of the values that I hold and the values that many of my constituents hold.

The previous legislation recognized that we must tread carefully with this new reality of assisted dying. It introduced safeguards that limited mature minors, those with exclusively mental illnesses and those whose deaths were not reasonably foreseeable.

I believe this is where the majority of Canadians are, and I believe the government largely got the balance right under Bill C-14. Unfortunately, there are a radical, vocal few who want to undermine even these protections and push this country headlong into a permissive regime for assisted dying, a regime that, as we know from international experience, has resulted in the deaths of vulnerable people.

If we continue to go down this road and liberalize all safeguards, we will continue to see mistakes and deliberate actions that end the lives of vulnerable people. This new legislation outlined in Bill C-7, although not taking these large, radical steps that I outlined, is opening the door to a wider radical departure from principles like the protection of the vulnerable and the sanctity of human life.

I am particularly concerned about the inclusion of the term and policy of advance consent.

The Supreme Court of Canada was very clear, crystal clear, that an assisted death should only be administered with the consent of a person at the time of death. We know that there are some cases where people fear losing their capacity to end their lives. However, we cannot allow the precedent of advance consent to gain legitimacy in our system. Advance consent in this legislation I believe is a Trojan horse designed to build the legal case to accept the adoption of advance directives.

Advance directives are a concept by which people can direct the actions of medical professionals after they have ceased to have the capacity to consent to an assisted death. Many Canadians are familiar with DNRs: do-not-resuscitate orders. DNRs are a completely ethical and morally acceptable practice, whereby a patient can designate that no action should be taken to attempt resuscitation. By respecting the will of the patient and not acting, medical professionals are allowing the patient to die a natural death. Medical professionals can also hasten the natural death of their patient through pain remediation. I believe this is also an acceptable practice.

I support do-not-resuscitate orders, and I think many Canadians are being deliberately misled into believing that an advance directive is the moral and ethical equivalent of a DNR. It is not. An advance directive does not ask medical professionals to withhold action allowing a natural death. It requires medical professionals to take direct action to immediately end the life of the patient.

This is a leap in practice that goes far beyond what I believe is ethical. It undermines one of the greatest medical principles: first, do no harm. I can imagine, in a not-so-distant future, someone with dementia or Alzheimer's who had previously written an advance directive, believing that life would be not worth living with this disease. Imagine in the future that we had the medical expertise and the breakthrough pharmaceuticals that could make life better for those suffering. How can someone consent to have life end without contemporaneous consent at the time of death, when they cannot know what their quality of life will be?

It introduces a high level of subjectivity to the question about what kind of life is a life worth living. This is a dangerous question that will lead us down a lethal road, a road that I do not think anyone wants to go down today. I believe it is unethical and dangerous to allow someone's life to be ended by an advance directive or consent, even with the meagre protections offered in Bill C-7, which includes a provision that no resistance be shown. There is still a threat of abuse. If people are unable to understand and consent to death, how are they supposed to know to resist when someone comes to administer their death?

Parliament is being rushed into liberalizing a practice that is not even half a decade old. Its members lack the experience, the data and the moral understanding to press forward with such a life-and-death issue. I am disappointed that the government abdicated its responsibility to stand up for vulnerable people when it chose not even to appeal the Quebec court's decision to the Supreme Court of Canada. What better court to clarify what safeguards are acceptable than the very court that originally dealt with these significant matters?

Instead, the government has given Parliament little time to contemplate such an important issue. Canadians are still catching up to the reality of assisted dying being legal in this country, and now we are foolishly pressing forward before we can fully understand the impacts of this legalization.

Criminal CodeGovernment Orders

February 27th, 2020 / 5:05 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, since the member has obviously informed himself over the last number of years about the various forms of medically assisted dying, I want to ask him whether there has been any statistical pattern developed over the time that it has been a legal concept.

Do we know what the numbers are, where the weaknesses and strengths are? Is there material he could share with the House that gives us some pattern of who is asking, what is being asked for and when it is being asked?

Criminal CodeGovernment Orders

February 27th, 2020 / 5:05 p.m.
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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I believe many of the cases we have seen where people have requested medical assistance in dying are cases that the majority of Canadians can sympathize with, and even support. What I am not saying here today is that we should be repealing all the laws on medical assistance in dying. I am saying we must be very cautious going forward.

I have read some statistical information regarding the socio-economic status of those seeking an assisted death. They tend to be in the wealthier range. I believe the numbers are slightly more than 6,000 people have sought out an assisted death.

Criminal CodeGovernment Orders

February 27th, 2020 / 5:05 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I thank my colleague for his speech.

He used the word “euthanasia”, but there is a difference between euthanasia and medical assistance in dying. This bill is not about euthanasia.

Furthermore, I am sure that we can improve palliative care services and include that in a continuum of care for dying with dignity, and that includes medical assistance in dying.

I would like to hear his thoughts on that.

Criminal CodeGovernment Orders

February 27th, 2020 / 5:05 p.m.
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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, when the Conservatives were coming up with their minority report in the previous Parliament, the experience of Quebec weighed heavily on where they came in on this. It took six years in multiple legislatures in Quebec to come up with a law on this matter, and when Quebec came up with this law, it was stringent and there were strong protections for vulnerable people.

The cases where people are unable to consent to their death do, I believe, meet the definition of euthanasia. An assisted death occurs when somebody is participating with it up until the point that his or her life is actually ended. When somebody cannot consent to an assisted death, I believe that meets the definition of euthanasia.

Criminal CodeGovernment Orders

February 27th, 2020 / 5:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am afraid I disagree with the general tone of the approach taken by the hon. member. These changes are much-needed to respond to not only court decisions, but analyses of our charter rights to ensure that Canadians are not taking their own lives or finding the opportunity for medical assistance in dying prematurely, out of fear that they will be unable to give consent under the strictures of our current legislation.

I ask the hon. member, as well as those in the Conservative benches who think this is being rushed, how he suggests we deal with the fact that the courts in Quebec have ruled in Truchon that the law, as it currently exists, will be suspended March 11.

Criminal CodeGovernment Orders

February 27th, 2020 / 5:10 p.m.
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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, with regard to timing, I was very disappointed that this decision came out on September 11, the day the last election was called. The government was given one month to appeal this decision in the middle of an election campaign. I do not believe that this gave Parliament an ample opportunity to review the bill outside of a very politically charged period to decide whether this decision should have been appealed to the Supreme Court, which was the court that created legalized assisted dying in this country.

I believe the Supreme Court has something to say on this matter, and we failed by not getting the Supreme Court to weigh in on it.