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

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

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 has also written a full legislative summary of the bill.

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.

Similar bills

C-7 (43rd Parliament, 1st session) An Act to amend the Criminal Code (medical assistance in dying)

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-7s:

C-7 (2021) An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts
C-7 (2016) Law An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures
C-7 (2013) Law Canadian Museum of History Act
C-7 (2011) Senate Reform Act
C-7 (2010) Law Appropriation Act No. 1, 2010-2011

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

December 2nd, 2020 / 4:30 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I thank the member for his question.

The courts in Quebec made a decision, and until it is overruled, it is clear that the practice in Quebec is going to be to allow people whose death is not reasonably foreseeable to have medical assistance in dying. That means there is a different practice in Quebec from the rest of the country, until the courts can determine whether or not that is constitutional. That is the step that was missing: finding out if the Supreme Court agreed with the Quebec court's decision. I think that should have proceeded before the bill came forward here.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:30 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, first, I want to tell the member how sorry I am for her mother's passing this fall.

One of the things you spoke about was how important palliative care is and that it was available to her. However, there are other places in the country where palliative care is not as available or the quality is not as good.

Do you feel that if we had a better palliative care system, maybe people would not be looking at assisted suicide as much?

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:30 p.m.

The Assistant Deputy Speaker Carol Hughes

I remind the member that he is to address his questions and comments through the Chair.

The hon. member for Sarnia—Lambton.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:30 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I thank my colleague for an excellent question, because, in fact, countries have studied this. About 95% of people who have good quality palliative care choose to live as well as they can for as long as they can.

The Liberal government pledged $3 billion over five years, which was changed to be over 10 years, and now that the framework is in place, we are looking for a whole bunch of fixes, such as infrastructure to do virtual palliative care, training for paramedics to be in rural and remote places, training for medical professionals and research. I really think it is the right plan, but we just need to get going on it. The sooner the better.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:30 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I appreciate the opportunity to speak at report stage of Bill C-7, an act to amend the Criminal Code, medical assistance in dying, with which the government is seeking to dramatically expand the existing euthanasia regime in Canada.

The government claimed to want to protect vulnerable Canadians. It claimed to be open to our amendments. I see no evidence whatsoever for either of these claims.

Despite knowing full well the concerns that numerous groups had, including those disability rights groups, with the pre-prorogation version of the bill, the minister reintroduced the exact same legislation word for word. In fact, the bill even has the same number. The minister refused to pre-emptively adopt any of the proposed amendments, and has hidden behind the Truchon decision throughout this debate.

What of the Truchon decision? First, it is beyond unacceptable that the Liberal government did not appeal the Truchon decision to the Supreme Court. Truchon struck down vital protections for vulnerable Canadians, protections that this very government put in less than five years ago. Not only would appealing this decision have brought necessary clarity to the legal status of federal euthanasia legislation, it was also the right thing to do.

Instead, the minister used the Truchon decision, which struck down the reasonably foreseeable death requirement in the province of Quebec, to justify a wholesale abandonment of euthanasia safeguards put in place by the previous minister, the member for Vancouver Granville, and the creation of an advanced consent framework, open to any number of abuses.

That member for Vancouver Granville raised these concerns in this place. She said:

Nothing in the Truchon decision...and the Supreme Court of Canada, in Carter, insisted on the requirement of clear consent. Palliative care physicians, disability advocates and other experts insist that this is an important safeguard, and, like other legislated MAID reports on mature minors and mental disorder, advance requests also raise significant challenges.

However, the minister refuses to listen. A statutory review of the impacts of Bill C-14, required by law, has not been undertaken. That review is mandatory to ensure that the safeguards in place are effectively protecting the elderly and infirm Canadians from manipulation and abuse. Instead of waiting to make these changes until the mandatory review was completed, the Minister of Justice pushed forward his own ideological stance. He blindly pushed Canadians into the dark instead of the light. Sadly, I am not surprised the minister would push this ideology on vulnerable Canadians. When Bill C-14 was introduced, after all, he opposed his own government's legislation. Now, as the minister, he is refusing to listen.

It has always been my priority and that of my colleagues to ensure that any legislation on euthanasia and assisted suicide includes strong safeguards for the most vulnerable in our society as well as for the conscience rights of health professionals. This is clearly not the minister's priority. Instead, by allowing advanced directives for assisted suicide without any legal assurance that individuals will have the opportunity to change their minds and with Liberal members voting down an amendment that would have required those seeking euthanasia to be given an opportunity to refuse it on the day in question, could mean that people could be legally euthanized in their sleep without any opportunity for them to change their mind. This is horrifying. How can the Liberals possibly justify this?

Inclusion Canada, a disability rights organization, has stated that the legislation is its “worst nightmare” and that it is a “moral affront” to equate euthanasia to an equality right. The minister still refuses to listen.

The most egregious, in my view, is the removal of the 10-day waiting period and the need for two independent witnesses. The Liberals also voted against a seven-day-waiting period amendment proposed at committee. They made a deliberate choice to strike down one of the most important safeguards for vulnerable people facing uncertain medical prognosis and have opened Pandora's box to same-day death.

Each of us can think of someone in our lives, perhaps a friend, a grandparent or even a spouse, who has received a serious medical diagnosis. The emotional impact of hearing that news can be overwhelming for both the patients and their families. It can cause depression, anxiety and a great fear of the unknown, especially now in the face of the ongoing pandemic.

Many of us can also think of loved ones who have received terminal diagnoses, only to beat their illness and live for years afterward. However, with the safeguards of two independent witnesses and a 10-day waiting period gone, such stories will be fewer and further between. Without a mandated length of time to collect themselves, to receive support from their families and to learn about treatment options or get second opinions, some people will make emotional decisions based on fear.

Taylor Hyatt, a young woman with a visible disability, shared her experience while suffering from pneumonia and in need of oxygen to help her to breathe. She said:

After taking a cab to the nearest hospital, I was immediately admitted. A couple hours – and many tests – later, the doctor was no closer to finding out what caused my illness. When she finally came to see me, at about 11pm, she said: “The only thing we know is that this infection affects your breathing. You may need oxygen. Is that something you’d want?” My answer was: “Well, of course!” She seemed surprised maybe, or unconvinced, so she asked again: “Are you sure?” I replied, “Well, of course!

Any non-disabled person would have received oxygen immediately, but instead the doctor asked her twice, leaving Taylor to believe that the doctor assumed that because she was disabled she may not want to live. What if Taylor had felt overwhelmed that day and requested euthanasia in a moment of weakness? At the time, she would have had 10 days to reconsider this choice. If this bill passes, she could have died that day and the world would have lost a great warrior for the rights of disabled Canadians. How can we allow for the legal possibility of such a tragedy?

Every Canadian should feel great shame for these failures. We are and we must be better than this. Every great or good society is judged by how it treats those deemed to be the least among them. How can we claim to be either great or good if we treat the Taylor Hyatts of our nation as if their lives are less valuable than our own. We must protect the innate dignity of every human life, knowing that nothing, not time, not illness, not disability, can ever take that dignity away.

Still, the minister refuses to listen. He is ignoring the statutory review but only to weaken protections, not to strengthen them. Not only has he torn down protections for vulnerable Canadians, he has placed medical professionals into an even more precarious position than the current regime by expanding the eligibility and thereby the number of medical professionals who are impacted. The Liberal members voted down an amendment that would have protected the charter rights of medical professionals, trampling their rights in the rush to a predetermined ideological end goal.

Tens of thousands of doctors believe, truly and wholeheartedly, that taking part in an assisted suicide breaches their calling to do no harm. Those beliefs are protected in our charter, but not in this, nor in any other federal legislation regarding euthanasia. Such a glaring omission makes it clear that this minister's priority is not to protect the rights of Canadian citizens but to push his ideology as far as possible. That is something I cannot and will not support.

I would plead with the other place to take the time needed for a sober second thought, removed as they are from the minister's ideological fixation, because the minister is refusing to listen.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:40 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Madam Speaker, in answer to my last question, the member for Sarnia—Lambton suggested that the Supreme Court in Carter had indicated that one's death needed to be reasonably foreseeable. Of course that is patently untrue. The criteria, established by our Supreme Court unanimously, are that one needs to have a sound mind, be of capacity, be suffering an irremediable illness and be suffering intolerably. I recognize that safeguards are required, but does the member agree that if those conditions are satisfied, the unanimous decision of the Supreme Court should be respected?

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:40 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, what we are debating today in Bill C-7 are the changes that would be made as a result of the Truchon decision in Quebec. Nobody is questioning that Canadians have the right to choose MAID. Nobody is questioning that they should have access to that. We are questioning why the minister and the government are bent on removing all the safeguards that were put in place back in 2015 to protect the vulnerable.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:45 p.m.

Bloc

Louise Charbonneau Bloc Trois-Rivières, QC

Madam Speaker, first off, I want to say that Quebec already has legislation on this matter.

What is the plan for harmonizing the provincial and federal laws?

I would also like to talk about my sister, who has had multiple sclerosis for several years. She has never considered medical assistance in dying, even though she suffers every day.

I think that people who choose to ask for medical assistance in dying have thought long and hard about that decision, on top of going through all of the steps involved, such as making a written request, signing the request, getting witnesses, and going through the 90-day, or three-month, assessment period. When someone is suffering greatly, three months is a long time.

In her speech, my hon. colleague said that she—

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:45 p.m.

The Assistant Deputy Speaker Carol Hughes

I must interrupt the hon. member for Trois-Rivières because the hon. member for Carlton Trail—Eagle Creek is rising on a point of order.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:45 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am hearing the French and the English at the same time and I cannot hear the interpretation of the member's question.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:45 p.m.

The Assistant Deputy Speaker Carol Hughes

The problem has been fixed. The member for Trois-Rivières has 30 seconds to repeat her question.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:50 p.m.

Bloc

Louise Charbonneau Bloc Trois-Rivières, QC

Madam Speaker, my colleague was talking about uncertainty surrounding a diagnosis. Does she think that a doctor would give a diagnosis of a reasonably foreseeable death if they were unsure? I should think they would show some professionalism at that stage.

How does the member think the federal and provincial legislation can be harmonized to ensure that they work together?

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:50 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I apologize for the difficulties we were having.

I do not believe that I was speaking about the uncertainty of a physician's diagnosis. I have been speaking about the safeguards that are being removed from this piece of legislation that allow for an individual to take time to reflect on the diagnosis they have received and to have conversations, not only with their family and friends but to look for a second opinion should they wish to do so.

With regard to how we ensure that federal legislation and provincial legislation work well together, we have previous legislation that has been in place since Bill C-14. We now see where a judge has made a ruling that the government should have appealed.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I will take a brief question, given the challenges we have had.

The hon. member for Edmonton Manning.

Criminal CodeGovernment Orders

December 2nd, 2020 / 4:50 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, this bill has been through the House twice already, once last Parliament and once this Parliament. The government is not listening to the amendments coming from all parties and all stakeholders.

What would the member tell the government to do in order to make the bill as perfect as it should be?