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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 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 (2025) Law Appropriation Act No. 2, 2025-26
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

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 23rd, 2021 / 11:55 a.m.


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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, without presuming what the committee will find, I think that advance requests for neurocognitive diseases will be possible, but we will also be able to make some technical amendments to the existing law to make it fairer.

That is what I would say, since Bill C-7 was a closed bill that could not be used to make amendments to Bill C-14. We can now look at this issue and see how the law can be improved. The concept of advance requests can be dealt with, with all of the necessary safeguards to reassure everyone, including practitioners, because this is a new practice—

Criminal CodeGovernment Orders

February 23rd, 2021 / 11:50 a.m.


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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, I believe we must move forward.

Bill C-7 already makes it possible to cover situations such as those of Ms. Gladu, Mr. Truchon and Ms. Parker. We can go further by trying to specifically address the delicate issues not resolved by Bill C-7.

I know we can do it especially since we will be informed by a panel of independent experts that will also table its report and that we will be able to invite to committee. Given the terms of the motion, I believe that we can do this in one year.

Criminal CodeGovernment Orders

February 23rd, 2021 / 11:25 a.m.


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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, I do not want to keep members in suspense for too long. The Bloc Québécois will support the government's motion, and I will explain why.

I would like to tell all my colleagues that we need to work across party lines on these sensitive issues and find a way to move forward.

I remind my colleagues that Quebec's end-of-life legislation has often been cited as an example, not only because it is a good system, but also because of the way all members of the Quebec National Assembly worked together to create that system. Quebec's act came into force in 2015. The Select Committee on Dying with Dignity was created in 2009. The legislation was passed in 2014 and assented to in June 2014. This means that there was a process that ultimately involved debate. The Quebec National Assembly was able to consider all the differences and find common ground, which served as the foundation for the act. At the end of the process there were very few people against the act. There was broad consensus on this piece of legislation, both in the National Assembly and among Quebeckers.

In Ottawa, members have always taken action in response to court rulings. The amendments that need to be made to the Criminal Code in order to incorporate all of these sensitive issues are related to a court ruling. In this case, the legislators finally need to take action because the law has been deemed unconstitutional and found to violate fundamental rights.

According to Baudouin and Carter, Bill C-14 deprives people of the right to life. For example, it was depriving Ms. Carter, Ms. Gladu, Mr. Truchon and Ms. Taylor of their right to life because they were being forced to shorten their lives. That is not a trivial matter. It is serious.

My Conservative colleagues are saying that we need to protect human dignity and life. I completely agree, but it is important that we not create the opposite effect of what we claim to defend through government paternalism. Vulnerable people are capable of defending and exercising their rights.

However, it is rather appalling to see that, since Bill C-14 was introduced and since a decision was rendered in Carter, we have placed on the shoulders of vulnerable people, people with irreversible diseases, people who are enduring unbearable suffering, the burden of defending their case before the court in order to get access to medical assistance in dying.

Why are we agreeing to vote in favour of the motion? We are doing so because we need to make progress in a debate like this.

I have said this before and I will come back to it again later. Even though we said that we agree with the underlying principles of Bill C-7, we would have liked for the bill to go a little further. However, we still need to recognize that Bill C-7 responds to situations like those of Ms. Gladu, Mr. Truchon and Ms. Parker.

Bill C-7 also makes it possible for people in the terminal phase of life—I am not talking about the terminal stage of an illness when death is not foreseeable—to avoid waiting the mandatory 10 days with two witnesses before finally proceeding. Many people with cancer go through a long process. Even in the most aggressive cases, it takes a few months. People wait until the last minute to proceed because nobody wants to die. Everyone wants to wait until the last minute and push the limits of what they can tolerate. Once they reach that limit, these people want help.

Once in the terminal phase of life, a person who had been receiving palliative care at home may be taken to the hospital urgently, where health workers will note their rapidly deteriorating condition. Consider a person who, for the past two years, six months or three months, has always told their therapists that they want medical assistance in dying because they do not want to suffer. This person has been receiving palliative care and medication at home, but their condition is deteriorating. Why should they have to wait 10 days for access to medical assistance in dying in the terminal phase of life when the process of dying has begun and is irreversible? Bill C-7 covers this situation and offers this option. That is a step in the right direction.

There are of course other sensitive issues to be addressed, such as mental illness as the sole underlying medical condition. In my remarks last December, I had the opportunity to say that, as a parliamentarian and legislator, I did not have the expertise to reach a decision on that point. I think it is wise that the motion implies two things and that an independent panel of experts is being set up. The panel will have to look at the recommended protocols, guidelines and safeguards for MAID requests from patients with mental illness as their only condition.

Earlier, my Conservative colleague was talking about the requirement to have safeguards that protect the individual and help prevent abuse. Our Conservative colleagues would have us believe that we are in some sort of house of horrors, as though the health care system itself were inherently evil, and we need to protect persons with disabilities because our prejudices about these individuals might cause health care professionals to give up, as though people are going to be coerced and euthanized without their consent. I find it very difficult to understand that kind of rhetoric.

A similar independent panel of experts was set up in Quebec and a report was prepared. I think we should carry on with this work to get a clearer picture. Not only will the panel of experts deal with this issue, but there will also be something else we have been asking for for a long time, and that is the creation of a review committee for the entire body of work. Bill C-7 could have included amendments to C-14, An Act to amend the Criminal Code, which could have led to a new review of the legislation in two, three or four years. In just 30 days a special joint committee will study the issues of mature minors, advance requests, mental illness, palliative care in Canada and the protection of Canadians with disabilities.

Whether or not an election is triggered and there ends up being a change in government this committee is enshrined in law and will begin sitting in 30 days. It will work for a year before tabling its recommendations. We may reach a consensus or hold discussions for at least 12 months, which the court-imposed deadlines did not allow Parliament to do in relation to Bill C-7 and its previous version, Bill C-14. I think it is necessary.

To come back to the social acceptance of Bill C-7, I would point out to my Conservative colleagues that an average of 80% of people across the country approve it, from 88% in Quebec to 77% in Alberta. I think moving forward is a reasonable compromise. If in 24 months MAID is made available to people with mental illness, this deadline will help determine the necessary safeguards to make practitioners comfortable with this as well. In fact, we need to hear their point of view on this.

On the issue of advance requests for medical assistance in dying, I find it timely that the committee will start sitting in 30 days and that its members will work hard across party lines for the benefit of people who are suffering, like Sarah Demontigny. We will not forget these people, and we will establish a process to ensure that the advance requests they are drafting today will apply once our work is done. That is my hope.

Without making assumptions about the results of our efforts, I think we can come up with something better than the amendment proposed by the Senate if we have meaningful discussions and hear from witnesses. This would make it possible for Quebec, which is responsible for implementing this practice of advance requests, to properly regulate it. We could identify how to best amend the Criminal Code to allow for this.

I spoke about the legal aspect, but I will now come back to the fundamental principles. We are in the process of reaching a compromise because reason dictates that we must move forward. Bill C-7 represented a step in the right direction with the official commitment of an expert panel on mental health. I think it would be a good idea that the special committee I mentioned be a joint committee. This would ensure that everyone is doing the same work and hearing the same witnesses at the same time to eventually arrive at a conclusion, rather than having a game of ping pong between the two chambers—one of which is outdated, in our opinion. Let us rally together.

We are doing this for those who are suffering, who have waited too long and who, today, have hope that we will finally complete this work. I believe that the government's motion represents the light at the end of the tunnel for these people, because there is a deadline and we will get there if we all act in good faith and without partisanship.

Bill C-7 already contains fundamental principles, which I will repeat. First, death—my death, just like my life—belongs to me. Why did I say that and why did I say earlier that the Conservatives are practising government paternalism?

I said those things because my own death is a very personal thing, and the state must not tell me what to do or make decisions for me. The state should be creating a framework to protect my decisions. I do not think people should be pressured or forced to go into palliative care until their last breath or to request medical assistance in dying.

During any clinical study, the patient is the standard. When someone who is ill has determined their own limit of what is tolerable, we need to listen to what they are telling us and what comes out of their suffering. This allows us to provide support.

I find it very disturbing that in the debate on medical assistance in dying, MAID and palliative care are always pitted against each other, but in reality, it is a continuum and they complement each other. Later in my speech I will define the notion of human dignity.

Who would not want to receive palliative care before dying from a serious degenerative disease that causes intolerable suffering? We all want relief; no one wants to suffer.

When it comes to end-of-life care, the least you can give someone is palliative care. Unfortunately, for the past 50 years, palliative care has not been the only answer for everyone, unless one is ideologically committed and determined to prove it. At that point, someone comes to the patient's bedside and imposes some religious or other ideology. No, that is not it.

We are in a process where it is imperative that we consider that palliative care can be successful even when a patient's request for MAID emerges. Why? Because the patient is at peace and ready to let go. In fact, I hope all my colleagues are at peace and able to let go when the time comes. This could also be an example of very good palliative care. Palliative care is about support when someone is dying, the easing of suffering and psychological support. It is possible that some will die after suffering until the end, but it is also possible that some are ready to let go. That is when they can be supported.

It is not up to the family or the state to make decisions on behalf of the dying patient or the person suffering from a serious and irreversible condition causing intolerable suffering. The underlying principle of Bill C-7 puts into perspective what is enshrined in law for every human being, namely self-determination.

The law guarantees everyone the right to self-determination. Why take this right away from me at the most intimate moment of my life, meaning my death? Why should the state be allowed to take away my right to self-determination in my decision to suffer until I die in palliative care or to seek MAID? It would be utterly absurd for the state to assume that power.

The state must provide us a framework to be able to do this. I often hear members talk about human dignity. Human dignity implies that we must absolutely—

Criminal CodeGovernment Orders

February 23rd, 2021 / 11:20 a.m.


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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, the original legislation that came before Bill C-7 required that a review be exercised by the government. That was not a suggestion: That was the instruction of this place, of parliamentarians, to the government. The Liberals did not complete the review the first time. It is concerning when we are being asked to advance legislation under the commitment that there will be a committee, there will be more review and more study.

Why do we not get it right before we pass the legislation? The government has tools in its toolbox to review this and to get it right in advance.

Criminal CodeGovernment Orders

February 23rd, 2021 / 10:50 a.m.


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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, today I am speaking again to the government's bill, Bill C-7. I join my Conservative colleagues in being the voice for those who do not have one, those who have been thoroughly ignored and cast aside. Throughout this bill's debate, many people from the disability community have cried out in fear that they will be victims of this deeply flawed bill. That is why we are here today. We are here to stand up for them and be the voice that the government cannot ignore.

The Liberals are in such a fevered rush to pass this bill that they completely rejected amendments Conservatives offered at committee that would have seen safeguards in place for the vulnerable among us. They are in such a rush because they want to meet some arbitrary deadline to avoid political embarrassment. When there are lives on the line and the stakes could not get any higher than life or death, the Liberals are worried about embarrassment. They are not worried about the people who stand to be victimized by this bill and the unnecessary deaths it would lead to, but about political embarrassment.

We might remind the Liberals that it was their government that prorogued Parliament and locked the doors to this place, all in the name of covering up for the Prime Minister's corruption and blocking the investigations happening across multiple committees. Where was the need for great haste then?

One might have thought that when the Liberals missed their first arbitrary deadline it might have given the proponents of this dangerous bill time for pause and reflection about what this means for the most vulnerable Canadians, but it seems to have had the opposite effect. We are now looking at yet another arbitrary deadline and a vastly expanded bill that would see exponentially more Canadians victimized when they are at their lowest.

The government had a second chance to reform this bill and do what needed to be done to protect the vulnerable. Instead, it tossed protections to the wayside. This legislation, by its very nature, requires caution and constant monitoring to ensure that vulnerable Canadians are not being coerced, neglected or abused because of Bill C-7.

We need to offer Canadians our best when it comes to important legislation. That means listening to their concerns, considering them, offering them multiple options and avenues, and continuing to refine the legislation. This is especially the case with Bill C-7 because we can never bring back those people who have received MAID. This is something that is final.

The previous MAID legislation required a parliamentary review of the law five years after it was passed. This review was to provide the opportunity to hear from Canadians about how MAID is working and to see if any changes should be made. It was expected that this review would start in 2020.

I would point out that 2020 has come and gone. We now find ourselves in 2021. We have not seen any such review, and we are here debating a wide expansion of eligibility for MAID with the removal of safeguards for the vulnerable. The government has acted hastily and ignored the legislative review process in which safeguards for the vulnerable could have been strengthened. It chose to not undertake a proper review and went ahead with removing important safeguards.

We have heard from several witnesses who have attested to the fact that under the current MAID legislation they have been taken advantage of and made to feel increasingly vulnerable. We heard from Roger Foley. He is a man living with serious disabilities, a caretaker for his father when he battled cancer, who became subjected to coercion into assisted death by abuse, neglect, lack of care and threats.

We also heard from the national executive director for the DisAbled Women's Network Canada, who told Ruth's story. It was a story of a woman living with a disability who is not dying, but her inability to access proper care has left her considering MAID.

Moreover, the executive vice-president at Inclusion Canada told us that Bill C-7 is the disabled community's worst nightmare. Their biggest fear has always been that having a disability would become an acceptable reason for state-provided suicide. The disabled community has made it clear time and time again that they feel directly targeted by this new MAID legislation, that their lives are worth so little that they are better off to be dead than to live with a disability.

Despite the review of the MAID legislation never happening, here we are debating its expansion through Bill C-7, with the rationale being this bill is stated to reflect a societal consensus informed by views and concerns raised by Canadians, experts, practitioners, stakeholders, indigenous groups as well as provinces and territories during public consultations undertaken in January and February 2020. As Bill C-7 was originally proposed in February 2020, how could we have accessed a societal consensus on this in such a short period of time?

This brings us to the actual survey the Minister of Justice so often references in defending this bill. Many Canadians were deeply concerned about the ambiguity of the survey and online consultation that took place. Many of the questions were very ambiguous, and some people had an incredibly difficult time answering the questions, as they had to consent to different premises from what they believed.

Dr. Heidi Janz of the Council of Canadians with Disabilities gave her thoughts on the consultation process, stating:

I believe the consultation was moderately extensive; however, I believe that the consultation was geared towards a predetermined outcome. That is evident by the types of questions that were asked in the online survey and which seemed to be assuming that MAID would be expanded.

The government has missed the review of its prior legislation, having removed safeguards, and according to Dr. Janz, had consultations that seemed to have a predetermined outcome. We really have to wonder if proper consultations took place and the feedback given was acted on, or if the outcomes may have been predetermined.

The government must know that this is a deeply flawed piece of legislation by now. We know that the Minister of Employment, Workforce Development and Disability Inclusion realizes the serious issues with this bill in reference to Roger Foley's story and of other vulnerable Canadians when she said before the Senate committee:

I absolutely acknowledge and am quite preoccupied by the power imbalance between practitioners and patients, particularly patients who have been in systems that have discriminated against them and ignored their voices their entire lives. I have grave concerns with the particular circumstances of the individual that you spoke of. Quite frankly, I can tell you, he is not alone. I regularly hear from families who are appalled by the fact that they take their child, potentially their older child [in] and are offered unprovoked MAID. I think that has to stop. That’s a matter of practice, I would suggest, and we need to get at that through our regulations, through working with our medical associations.

What does it say when the minister tasked with inclusion of the disability community in Canada makes a statement like that, yet the government carries on full steam ahead with this bill while rejecting good amendments? What does that say to Canadians who are living with a disability? Does it reaffirm their inherent human dignity or does it say that we do not particularly care about them or their opinions?

It seems like the member for Thunder Bay—Rainy River, who sits on the government side of the House, gets it. He is concerned for the well-being of the vulnerable and the potential victims of this bill. He said, “I don't like voting against my party, but as someone with a medical background and somebody who has dealt with this issue over the years a lot, I think morally it's incumbent upon me to stand up when it comes to issues of health and life and death.”

He went to say:

My biggest concern, as somebody who has spent my whole life trying to avoid accidentally killing people, is that we don't end up using MAID for people who don't really want to die.... I think, with a bit of time, people may come around to the fact that there are reasons they want to live.

Members can see that Kristine Cowley, who injured her spine 33 years ago, now has a doctorate and is a professor at a university, was a wheelchair track Paralympian, is married and has three children and has travelled extensively, all of which was done after her accident. She shared that it took her five years after her spinal cord injury to feel great again. She said:

To all outward appearances, I am a ‘successful’ person living and contributing to our community. But I’d be lying if I told you...that I was good to go within 3 months of my injury when I was discharged from the hospital. In fact, it was a few years before I was able to open my eyes in the morning and feel good.

Then there is the story of David Shannon. David suffered a spinal cord injury in a rugby scrum when he was 18 years old. After his accident, he said that he lay in bed close to death more times than he wished to contemplate. David has gone on to have a career in non-governmental organization leadership and a law practice focused on human rights and health law. David wrote:

...I have accomplished a lot in my life. I've crossed our great country by the power of my wheelchair—coast to coast. I've jumped out of an airplane at over 25,000 feet. I've made it to the North Pole and planted an accessible parking sign. I’ve written a book, performed in plays and on TV. I’ve received my law degree and been a Human Rights Commissioner. And I am an Order of Ontario and Order of Canada recipient. I’ve loved and been loved. My proudest accomplishment is that I lived.

How many stories like those of Kris or David will not happen because of this dangerous bill? How many stories of resilience and great Canadian comebacks will not happen because people will be offered death before proper care when they are at their lowest?

The Minister of Justice called my colleagues and me who are standing up and speaking for the voiceless and the vulnerable a “rump element” of the Conservative caucus. Now, that rump represents nearly one-third of this Parliament and represents Canadians from the Maritimes to the west coast and all points in between who will always stand up for the vulnerable. I would remind the minister that he and his colleagues have silenced the voices that we are speaking for. He can try to silence the disabled community who cry in fear for their future, but he cannot silence our voices. He will not silence my voice.

Does the minister believe that the people we are fighting for are also a rump of Canadian society? Does he believe that Canadians living with a disability are a rump element? That is what it looks like to me. The disrespect and the eye-rolling coming from the Liberals when the disability community has tried to voice their concerns really is something to behold.

Death will be offered to Canadians before they are given proper access to meaningful care, the care they need to feel good again. We need to re-evaluate our priorities and shift our focus to reaffirming the inherent human dignity of all people, and especially those who are vulnerable. It is our duty to keep their preferential option in mind as we make decisions in this place. It is quite clear that Bill C-7 does not have the preferential option for the vulnerable in mind and does absolutely nothing to affirm the human dignity of the vulnerable.

We will offer death to people when they are at their lowest, after an injury resulting in a disability when hope seems lost and they are in the depths of despair. Instead of offering help and treatment and care, we will offer death. Despair can be transient. It can come and it can go. During the low points, people need support. Really, it is as simple as that.

We must ensure that people have access to the care they need first, to ensure that they can make an informed decision when it comes to life and death. Anything short of that is not just, and may be a form of coercion in and of itself. That says nothing of the damage that will be done by the sunset clause added to this bill, that demands that provisions be made to administer MAID to those who have mental illness.

This came as a shocking revelation, given the difficulty people have in accessing mental health treatment across this country. Without adequate care, illnesses that are treatable can appear not to be. We, again, are seeing people being offered death before they are being offered care. Right now, 6,000 people with the most severe forms of mental illness are waiting up to five years to get the specialized treatment they need to reduce symptoms, learn to cope and to feel better.

Instead of working to better those systems, to give people the help they need when they need it most, the government is striving to offer them death. When appearing before the Senate, Dr. John Maher, a psychiatrist who works only with people who have the most severe and persistent mental illness, said:

Clinical relationships are already being profoundly undermined. My patients are asking: “Why try to recover when MAID is coming and I will be able to choose death?” Some of my patients keep asking for MAID while they are getting better but can’t recognize that yet.

That speaks to the need for better and more accessible mental health treatments in this country. People with mental illness should not feel the need to end their lives for lack of treatment and the hope this can bring.

Dr. Maher went on to say:

Determining whether a particular psychiatric disease is irremediable is impossible; people recover after 2 years and after 15 years. I have repeatedly [have] psychiatrists refer patients to me where I am told they will never get better; yet they have all improved symptom control and reduced suffering when they finally get intensive care.

We need to help people get better and to give them hope, not do everything we can to make death the easiest path for them.

I urge my colleagues on all sides of the House to reaffirm the dignity that is inherent and inalienable in all people, in every person, and to keep the preferential option for the vulnerable in mind. That option is care and support, not death.

I will continue to fight and speak up for the voiceless and those who will be victimized by this bill. We must ensure that someone's worst day is not their last.

At this time, I move:

That the motion be amended by:

(a) replacing the words “agrees with amendment 1(a)(ii) made by the Senate” with “respectfully disagrees with amendment 1(a)(ii) made by the Senate because, in the Justice Department's own words, it 'could be seen as undermining suicide prevention initiatives and normalizing death as a solution to many forms of suffering'”;

(b) deleting all the words beginning with the words “as a consequence” and concluding with the words “receive the report”; and

(c) replacing the words “section 6 be amended by replacing the words '18 months after' with the words 'on the second anniversary of'” with “section 6 be deleted”.

Criminal CodeGovernment Orders

February 23rd, 2021 / 10:30 a.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice

moved:

That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), the House:

agrees with amendment 1(a)(ii) made by the Senate;

respectfully disagrees with amendment 1(a)(i) because this matter, including questions of most appropriate precise definitions, whether those definitions should be included in the Criminal Code or elsewhere, and whether any consequential amendments or protections relating to issues such as consent and capacity are necessary in relation to such an amendment, will also be addressed by the expert panel and the upcoming parliamentary review, and the Government will collaborate with provincial and territorial health authorities to ensure a consistent approach;

respectfully disagrees with amendment 1(a)(iii), 1(b) and 1(c) because it would permit advance requests for medical assistance in dying before an individual has a grievous and irremediable medical condition, a change which goes beyond the scope of the bill, and further, this expansion of the medical assistance in dying regime requires significant consultations and study, including a careful examination of the safeguards for persons preparing advance request and safeguards for practitioners administering medical assistance in dying, all of which could be part of the parliamentary review undertaken to study this important type of advance request to reflect the crucial input of Canadians affected by the medical assistance in dying regime;

proposes that, with respect to amendment 2:

the portion of paragraph 241.31(3)(a) before subparagraph (i) be amended by replacing it with the following:

“(a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including”;

clause 241.31(3)(a)(i)(B) be amended by adding after the words “respecting the race” the words “or indigenous identity”;

subparagraph 241.31(3)(a)(i) be amended by deleting “and” at the end of clause (A), by adding “and” at the end of clause (B) and by adding the following after clause (B):

“(C) information — other than information that must be provided in relation to the assessment of eligibility to receive medical assistance in dying and the application of safeguards — respecting any disability, as defined in section 2 of the Accessible Canada Act, of a person who requests or receives medical assistance in dying, if the person consents to providing that information,”;

paragraph 241.31(3)(b) be amended by replacing it with the following:

“(b) respecting the use, analysis and interpretation of that information, including for the purposes of determining the presence of any inequality – including systemic inequality – or disadvantage based on race, Indigenous identity, disability or other characteristics, in medical assistance in dying;”;

as a consequence of amendments 1(a)(ii) and 3, proposes that the following amendment be added:

“1. New clause 3.1, page 9: Add the following after line 20:

“Independent Review

3.1 (1) The Minister of Justice and the Minister of Health must cause an independent review to be carried out by experts respecting recommended protocols, guidance and safeguards to apply to requests made for medical assistance in dying by persons who have a mental illness.

(2) A report containing the experts’ conclusions and recommendations must be provided to the Ministers no later than the first anniversary of the day on which this Act receives royal assent.

(3) The Ministers must cause the report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the day on which they receive the report.”;”

proposes that, with respect to amendment 3:

section 5 be amended by replacing it with the following:

“Review

5 (1) A comprehensive review of the provisions of the Criminal Code relating to medical assistance in dying and their application, including but not limited to issues relating to mature minors, advance requests, mental illness, the state of palliative care in Canada and the protection of Canadians with disabilities must be undertaken by a Joint Committee of both Houses of Parliament.

(2) The Joint Committee shall be composed of five Members of the Senate and ten Members of the House of Commons, including five Members from the governing party, three Members of the Official Opposition, and two Members of the opposition who are not Members of the Official Opposition, with two Chairs of which the House Co-Chair shall be from the governing party and the Senate Co-Chair shall be determined by the Senate.

(3) The quorum of the Committee is to be eight Members whenever a vote, resolution or other decision is taken, so long as both Houses and one Member of the governing party in the House and one from the opposition in the House and one Member of the Senate are represented, and that the Joint Chairs be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six Members are present, so long as both Houses and one Member of the governing party in the House and one Member from the opposition in the House and one Member of the Senate are represented.

(4) The Committee must commence its review within 30 days after the day on which this Act receives royal assent.

(5) The Committee must submit a report of its review – including a statement of any recommended changes – to Parliament no later than one year after the day on which it commenced the review.

(6) When the report, referenced in paragraph (5), has been tabled in both Houses, the Committee shall expire.”;

section 6 be amended by replacing the words “18 months after” with the words “on the second anniversary of”.

Mr. Speaker, I would like to begin my remarks today by acknowledging the comprehensive study and debate on Bill C-7 in the other place. I applaud their diligence in holding a pre-study of Bill C-7 this past November and an in-depth committee study of the bill earlier this month, and a thematic third reading debate two weeks ago.

The matter of medical assistance in dying, or MAID, is a serious and complex one. The Senate has given it serious thought, and I believe we have given it serious thought in our response in this motion.

Before discussing the amendments, I want to remind hon. members of the process that got us here.

As members will recall, the bill proposes a legislative response to the Superior Court of Quebec's Truchon and Gladu decision in which the court ruled that it was unconstitutional to limit MAID to persons whose death was reasonably foreseeable.

To develop this bill, my colleagues, the Minister of Health and the Minister of Employment, Workforce Development and Disability Inclusion, our parliamentary secretaries and I held round table discussions across Canada with over 125 experts and stakeholders.

The government also ran a public online survey, to which over 300,000 Canadians across the country responded. A report summarizing the consultations was released in March. Our government fulfilled its mandate by creating this legislation. The whole process resulted in the bill that was introduced in the House last February.

As hon. members know, we had a thorough debate on this bill before the work of the House was suspended.

The objective of the bill is to recognize the autonomy of individuals choosing MAID as a means of relieving intolerable suffering regardless of the foreseeability of their natural death, while at the same time protecting vulnerable persons and affirming the inherent and equal value of every person's life.

Bill C-7 proposes important changes to the Criminal Code's provisions on MAID in response to the Truchon decision and informed by the results of the January and February 2020 consultations. We recognize these changes represent a critical shift. Our government has been working very hard since the Truchon decision on responding to this important court ruling and remains committed to doing so as quickly as possible.

After months of review of Bill C-7 in both the House of Commons and the Senate, we are now at a critical stage. There are Canadians who are suffering intolerably and would become eligible for MAID under the government's proposed changes, but they are currently unable to access the medical assistance in dying regime. This matter has been thoroughly examined, and Canadians need to be able to access the regime. We are renewing our commitment to the parliamentary review to look at the wide variety of other issues related to MAID outside of Bill C-7, but it is essential that we pass this legislation.

Following its thorough debate, the other place has adopted five amendments to Bill C-7. The most significant amendment is the sunset clause that would repeal the mental illness exclusion 18 months after Bill C-7 receives royal assent. I know that many senators and some witnesses from whom they heard believe that the exclusion of mental illness unjustifiably infringes the equality rights guaranteed by section 15 of the charter. I do not share that view. It is my opinion as Minister of Justice and Attorney General of Canada that the mental illness exclusion is constitutional because it serves a protective purpose and is narrowly crafted.

I have spoken before about the inherent complexities and risks with MAID on the basis of mental illness as the sole criterion, such as suicidality being a symptom of some mental illnesses, the impossibility of predicting whether in any given case symptoms will improve or not and the increased difficulty of capacity assessments. These are the concerns that led the government to exclude mental illness as the sole condition for MAID eligibility, given the proposal to broaden it beyond the end of life context. This decision was accompanied by a commitment to further consider the issue of MAID for mental illness in the parliamentary review required by former Bill C-14.

We heard from witnesses who share those concerns, but we also heard from several others who said that excluding everyone with mental illness as a sole underlying condition could be stigmatizing and pointless.

Some mental health experts believe that practitioners can assess the eligibility criteria case by case, particularly the voluntariness of each request and each patient's decision-making capacity.

In November 2020, the Association des psychiatres du Québec released a discussion paper exploring safeguards and procedures that could be put in place for the provision of MAID on the ground of mental illness alone.

While I do think the exclusion is constitutional, and I do not believe that we are fully prepared to safely proceed with the provision of MAID on the ground of mental illness alone, I also hear the concern expressed by Canadians that this exclusion fails to address the issue of whether and when the provision of MAID will be permitted to alleviate intolerable suffering due to mental illness.

That is why I propose that we support the sunset clause, but with an amendment so that it would repeal the mental illness exclusion after 24 months instead of after 18 months, after Bill C-7 comes into force. In combination with this amendment, I am also proposing the enactment of the requirement that the Minister of Health and I establish an expert panel to review safeguards protocols for guidance for such cases. We would give this group of experts 12 months to consider these difficult questions and make their recommendations to us, which we will make public by tabling their report in Parliament. The government and Parliament would then have 12 additional months to consider what safeguards should be legislated before the exclusion is repealed.

We hope this compromise can be acceptable to the other place. While some work has begun on potential safeguards for this group of persons, the work is far from complete and enacting legislation takes time. We think 24 months is still an ambitious timeline to implement such an important change in Canada's MAID policy, but it still provides a fixed timeline in the relatively near future for considering MAID eligibility on the basis of mental illness.

We also welcome the Senate's amendment concerning the parliamentary review. We suggest making a few changes to the timetable for completing the work, and we think it is appropriate to include key issues that this review will address.

The parliamentary review should address important issues, most of which were highlighted during the procedures and committee debates on Bill C-7 in both chambers, including palliative care in Canada, protecting Canadians with disabilities, safeguards for persons with mental illness, medical assistance in dying for mature minors, advance requests for medical assistance in dying and the legislation on medical assistance in dying more generally.

The spirit of the amendment aligns with the government's commitment to make it easier to call for a parliamentary review as soon as possible following royal assent to Bill C-7. This review is absolutely essential for the future of medical assistance in dying in Canada.

During consultations and the committee process in the House and in the Senate, we noted that a certain number of issues should have been reviewed and addressed, but they required a more in-depth study than was possible to carry out within the court-imposed deadline.

Bill C-14 calls on Parliament to conduct that review, and we are using this message today to initiate the process. While the motion sets out important issues that need to be examined, I do not expect the list to be limited to only those issues. Medical assistance in dying is a very broad subject, and we hope to hear from many Canadians on a wide variety of subjects related to it.

Having heard from many witnesses and spoken to many Canadians about Bill C-7, I know that people have different views on these issues. They are challenging issues, and I look forward to the parliamentary review, to hearing from many more Canadians on the subject and to seeing what comes out of this review.

I will let other colleagues speak in greater detail about the Senate amendments to the MAID monitoring regime. I will say that I am proud to support this Senate amendment, with some modifications to make it more inclusive, as a necessary step in the right direction toward gathering better data to inform us all, going forward, about the operation of MAID in Canada. Good data is what grounds good policy, and by knowing more about who requests MAID and why, we can assess the impact of broadening the MAID regime and provide Canadians with the transparency and public trust that such a regime requires.

That brings me to two Senate amendments that I do not believe we can support.

The Senate adopted an amendment that will enable people whose death is not reasonably foreseeable to sign a waiver of final consent. Bill C-7 set out a general policy on the waiver of final consent that intentionally limited it to the most obvious cases with the least amount of uncertainty, specifically when a person's death was reasonably foreseeable and the person was ready to receive medical assistance in dying.

Since the question of expanding the circumstances in which medical assistance in dying can be administered in the absence of contemporaneous consent requires more in-depth study, it is best if it is addressed by the parliamentary review. I know that many people will be disappointed with that decision.

Last year, I had the opportunity to meet Sandra Demontigny, who was diagnosed with early onset Alzheimer's at 39 years of age. She is an advocate for advance requests for medical assistance in dying. We had a long conversation. I was very touched by her story, her beliefs and her book. We will soon begin an in-depth study of this important issue during the parliamentary review.

Finally, while I appreciate the efforts at clarifying what constitutes a mental illness in the MAID context, this is a matter that can and will be addressed by the expert panel and the upcoming parliamentary review, and the government will collaborate with provincial and territorial health authorities to ensure a consistent approach. Through this work, I am confident there will be consistency on the scope of the exclusion, going forward.

Medical assistance in dying has always been a difficult issue that generates a variety of opinions on all sides of the issue. It is an issue that strikes deeply to every Canadian's personal morals and sensibilities. As such, it requires different interests to be considered. I firmly believe that Bill C-7 does so. The law would continue to require informed consent and a voluntary request made by a person with decision-making capacity, while also creating a more robust set of safeguards when the person's natural death is not reasonably foreseeable. These safeguards would require significant attention to be paid to all of the alternatives that might help alleviate suffering on the part of a person whose death is not reasonably foreseeable.

I believe that Bill C-7 is one important and prudent step in ensuring greater respect for the autonomy of a broader category of Canadians who are suffering intolerably. Our legislation would make only the necessary changes to ensure a MAID regime that is responsive to our experience to date and respects the charter rights and freedoms of Canadians to autonomy and safety. In Carter the court said, “the risks associated with physician-assisted death can be limited through a carefully designed and monitored system of safeguards”, and that is exactly what Bill C-7 would continue to do.

I look forward to working with all members of Parliament to pass these reasonable amendments prior to the court deadline on Friday. If the suspension period expires without the passage of Bill C-7, Truchon would come into effect without the benefit of the protection, safeguards and exclusions of our proposed bill. I encourage all members of the House to support the government's motion on the Bill C-7 amendments.

Medical Assistance in DyingPetitionsRoutine Proceedings

February 23rd, 2021 / 10:20 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the fifth and final petition is with respect to Bill C-7. The petitioners are very concerned about how the government's Bill C-7 would make people living with disabilities effectively second-class citizens when they are accessing our health care system. They are deeply concerned about provisions in this bill and want the bill to be either defeated or significantly amended.

I commend all these petitions to the consideration of the House. I hope the government will take very seriously the concerns raised by Canadians and people living with disabilities with Bill C-7.

Persons with DisabilitiesAdjournment Proceedings

February 22nd, 2021 / 8:05 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, medical assistance in dying is a complex and difficult issue. It calls on us to reflect on some fundamental interests and values, such as the protection and support of our most vulnerable. We need to reflect on the meaning and inherent value of life, and we need to consider how to balance an individual's right to make important decisions for themselves with the responsibilities we all have to others.

Many aspects of Bill C-7 generate opposing views. We have just heard some of them from my hon. colleague from the official opposition. The witnesses who appeared before the Standing Committee on Justice and Human Rights took different views on proposed amendments, such as the exclusion of persons whose sole medical condition is a mental illness and the proposal to allow for the waiver of final consent, to name just a couple. This is to be expected on an issue as complicated as this one. It is also a reflection of the vibrancy of our public discourse in the health care sector and of our civil society.

The potential impact of the bill on persons with disabilities is another issue that has received significant attention, and that is entirely appropriate. It is clear that national disability rights organizations do not support the core aspect of Bill C-7, which is the removal of the eligibility criterion of death that is reasonably foreseeable. Their view is that medical assistance in dying must be limited to persons at the end of life. They call the end-of-life criterion the great equalizer: Everyone will one day reach that stage. At the same time, ineligibility is also equitable: Everyone who is not at the end of life, in their view, is protected by the criminal law prohibition against people helping others to end life.

The removal of the end-of-life requirement raised the grave worry that persons with disabilities would be steered towards medically assisted death by subtle medical and societal pressures and that disabled individuals would choose medical assistance in dying not because their disability was causing them unbearable suffering but because the care they needed was not forthcoming, as was highlighted by the member opposite.

There was also the worry that the proposed amendment discriminates against persons with disabilities by singling them out as a category of persons who could obtain medical assistance in dying on the basis of their suffering.

I think what is important is to be reflective and responsive to the positions of these very important organizations and the thousands of Canadians they represent. At the same time, we need to be responsive to the views and wishes of other persons with disabilities and other serious illnesses who take a different view.

I would remind the member opposite and this chamber that in the actual Truchon decision, Monsieur Truchon and Madam Gladu were themselves persons with disabilities. They felt that their autonomy, their independence, and indeed their rights to equality under the charter were discriminated against by virtue of not being able to avail themselves of medical assistance in dying because of the requirement of needing to be at the end of life. The court in that case found in their favour, finding that the previous regime was itself discriminatory against persons with disabilities. That is the court's determination. That is what we were responding to here.

Clearly, there are many others in that camp as well, including the Senate sponsor of the bill and including a former Conservative cabinet minister, Mr. Steven Fletcher, who has echoed the exact same concern: that the rights of autonomy and dignity of all people, including all people with disabilities, must be respected and entrenched in whatever legislation is coming forward. Compassion requires that we consider their views as well.

I agree that disability groups in this country raised extremely grave and serious concerns. We must turn our attention to ways we can address them. In my view and the view of the government, there are ways to address those concerns that do not have the effect of denying others the medical service that they feel is right for them. Yes, we must do more to support persons with disabilities in this country to ensure that they have equitable access to all forms of excellent medical care, such as what was listed by the member opposite, and including things like proper housing and the different kinds of supports that they need to thrive.

Persons with DisabilitiesAdjournment Proceedings

February 22nd, 2021 / 8 p.m.


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Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

Madam Speaker, the parliamentary secretary said, back in late November, that “the issue of sensitivity toward persons with disabilities is central for all parliamentarians in the House.” I could not agree more. He also stated that the Liberals “are crafting a piece of legislation that ensures the autonomy, dignity and competence of individuals.” I wish that were the truth.

What has been crafted is a bill that declares that some lives are not worth living. In fact, Bill C-7 has shocked and terrified those in the disability community. Why has a policy generated so much fear among so many vulnerable citizens?

First and foremost, it is because they understand the inherent discrimination in this bill. To state that people who are bedridden or are dependent on others for hygiene or feeding have lost their dignity is a marginalizing and ableist myth. This is the perspective of the “worried well,” such as my hon. colleague and his friends at Dying With Dignity. Dignity is never lost, but it can be either affirmed or denied.

Speaking of myths, let us deal with the idea that Bill C-7 is not discriminatory. The fact is Canadian disability organizations, mental health organizations, indigenous organizations and the U.N. all say that Bill C-7 is discriminatory. This bill singles out vulnerable Canadians and offers them physician-assisted death without offering adequate disability supports or treatment to help them live full lives free of the suffering caused by poor health care, poverty and stigma. It singles out persons with disabilities who are not terminally ill as fit for suicide completion. This will become a choice of desperation, not autonomy.

Let us understand what discrimination really is. It is pretending that all Canadians are equal in all ways. The obvious reality here is that some of us face profound life challenges. We need laws that protect the disadvantaged. A law that offers death to one group, and support and treatment to all others is the paradigm of discrimination.

This law proclaims that a disabled Canadian should consider death instead of recovery. Vulnerable patients need protection from politicians and doctors who want to make it easier for them to die, while simultaneously denying access to appropriate health care supports. This is true discrimination.

The second myth that needs to be countered is the idea that Bill C-7 must be passed right away, because suffering Canadians need relief through MAID as fast as possible. Let us face it: if this were true, then it is also true that adequate palliative care, disability supports, and mental health care must be available as fast as possible, because it is the absence of these that makes people suffer so much that they want to die rather than live.

If it were not for the COVID pandemic, Parliament Hill would see the largest protest of disabled Canadians ever assembled. If it were not for poverty and marginalization and the fact that most Canadians are unaware of the shocking push for state-sanctioned suicide, those protesters would be joined by millions more.

I have listened to the wealthy and healthy politicians opine on what they would wish for if it were them in such a terrible position. They say, with a straight face, that we must hurry to act to stop this horrible suffering, not because they are suddenly seeing what has always been in front of their eyes, but because of the realization that it could be them some day.

This bill would ensure that disabled Canadians would be treated as second-class citizens. I beg the parliamentary secretary, for the love of God, will he join me in voting firmly against this Frankenstein bill?

Economic Statement Implementation Act, 2020Government Orders

February 22nd, 2021 / 1 p.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I do not think any of my colleagues, from either side of the aisle, would disagree with me when I say that this bill is incredibly important to Canadians.

We are now over a year into this pandemic. I know that the first case in Canada was confirmed in January 2020, and the first recorded case of COVID-19 in Alberta was in March of last year. However, I do not know when the first plan to get back to normal will be presented, either to Canadians, or to the House of Commons. I honestly cannot believe that I had to say those words.

We are now over a year into this pandemic, and the government has not yet presented a plan. I do not think there is a way for anyone to easily describe how disappointing that is, and how disappointing it is that the bill before us does not present any sort of plan either. Of course, this raises the question of what the government would do if it did have a plan.

I am not asking about policies here. I am asking about how the government expects to get its plan through the House of Commons. While I and many of my colleagues appreciate the time we have had to go through the contents of the bill before us, I have to seriously ask what the government is thinking. The fact is that we are debating the 2020 fall economic statement in the winter of 2021. Obviously, we had our winter break, which contributed to the delay, but the government has a bit of a secret that I would like to let members in on.

The Liberals are big procrastinators. They love to leave some of their most important bills, the ones Canadians are asking for, until the last minute. They will also introduce a bill, have the first reading, and then sit on it for weeks on end until it finally goes to second reading. That is the tactic of this government.

There are far too many examples of this for me to list. However, there are plenty of examples from this very parliamentary session. I will start with a big one, which I know my colleagues from the Standing Committee on International Trade have heard me ask about plenty of times. I am referring to Bill C-18, an act to implement the agreement on trade continuity between Canada and the United Kingdom of Great Britain and Northern Ireland.

As the title of the bill so clearly lays out, it would implement a trade deal worked out between Canada and our close friends and allies the United Kingdom. Originally, we were going to lose many of our preferential tariff levels with the United Kingdom by the end of last year, and we had to pass the bill to ensure that would not happen.

What did the government do? It introduced the bill about a week before we rose for the winter break. As I am sure members are aware, we only voted on the second reading of the bill on Monday, February 1, 2021. The only reason we still have those preferential tariff levels with the United Kingdom is because the government realized its folly and signed a memorandum of understanding that temporarily extends those levels until we pass Bill C-18. Believe it or not, this is not the only bill the Liberals have delayed on.

I am sure all my colleagues, and of course many, many Canadians, are very familiar with Bill C-7 by now. We had a court-imposed deadline to pass this bill, which was December 18, 2020. I am sure my colleagues opposite will try to blame the opposition for it taking a long time to get to the other place, but it was nearly two weeks between the Speech from the Throne that kicked off this session and the bill being introduced. I wonder why.

This was not a surprise. The court decision that mandated the law be changed was made back in 2019, but it took two weeks to reintroduce this bill. On top of that, last February was the last time we looked at Bill C-7, an act that would amend the Criminal Code with respect to medical assistance in dying. That is right, it was February of 2020.

Why was this not introduced right after the 2019 federal election, as soon as we returned in December of 2019? Why not in January of 2020, or early February? The answer is that the government loves to delay the introduction and debate of important pieces of legislation. The bill we are debating today, Bill C-14, is no different.

Obviously she needed some time to be introduced to the job, but why did the Minister of Finance wait until November 30, 2020, to introduce this bill? By that point, Canadians had been asking for a plan for eight and a half months, if not longer, depending on the province. Why did she wait for two whole months after the start of the second session to introduce this bill?

It was certainly not to give my colleagues in the opposition and I time to study the bill. The Minister of Finance complained on Twitter that we were allegedly delaying this bill, but I think the answer is a little different. I think it was simply another example of Liberals leaving important business until the 11th hour.

I know my Conservative colleagues and I welcome some of the parts of this bill, such as the Canada child benefit top-up, which our leader has been calling for, but we want to make sure we have time to discuss it. The Liberal government has had plenty of poorly written legislation during this pandemic. How else does one explain that this bill would do such things as amend the rent relief legislation for the second time? This is the third try for the rent relief legislation. I know Canadians across the country are hoping this third time will be the charm, but I am not sure.

Liberals like to blame Conservatives for everything, and I know they love blaming former prime minister Harper for everything too, but in the case of Bill C-14, I am pretty sure any and all problems are their fault and theirs only. At this point, it is unacceptable that the Liberals still cannot get anything done.

I know all my colleagues in this House want to support Canadians who are still struggling against this pandemic, but the Liberals are still playing their classic game of delaying and blaming the Tories, and it is doing anything but helping Canadians. The Prime Minister and his party are just busy preparing for a snap election. They are not busy making sure the lives of Canadians are better. A fiscal update has to be in place so we know where we are going in these tough times.

Alleged Premature Disclosure of Contents of Bill C-22Privilege

February 19th, 2021 / 10:10 a.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I am rising on a question of privilege concerning the recent premature disclosure of the contents of Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

Yesterday, the CBC posted online, at 8:47 a.m., an article that outlined details of Bill C-22. Bill C-22 was introduced in the House later that morning. The article outlined several measures contained in the bill, including amendments to the Criminal Code and the Controlled Drugs and Substances Act and the elimination of several mandatory minimum penalties. The article also boasts a reliance on sources, not unlike in the case I raised with you, Mr. Speaker, on another matter of privilege almost one year ago.

On February 25, 2020, I was on my feet in the House defending the privileges of the House on the matter of the premature disclosure of the contents of Bill C-7, an act to amend the Criminal Code (medical assistance in dying). In that case, The Canadian Press posted an article that disclosed the details of the bill before it was introduced in the House and after the bill went on notice.

On March 10, 2020, Mr. Speaker, you came back to the House with your ruling. You said:

First, based on a reading of the Canadian Press article on Bill C-7 on medical assistance in dying, and in the absence of any explanation to the contrary, I must conclude that the anonymous sources mentioned were well aware of our customs and practices and chose to ignore them. It seems clear to me that the content of the bill was disclosed prematurely while it was on notice and before it was introduced in the House.

The rule on the confidentiality of bills on notice exists to ensure that members, in their role as legislators, are the first to know their content when they are introduced. Although it is completely legitimate to carry out consultations when developing a bill or to announce one’s intention to introduce a bill by referring to its public title available on the Notice Paper and Order Paper, it is forbidden to reveal specific measures contained in a bill at the time it is put on notice.

As everyone knows, the Department of Justice, unfortunately, has a history of leaking the contents of government bills. On April 19, 2016, the Speaker found that there was a prima facie case of privilege regarding Bill C-14, an act to amend the Criminal Code and to make related amendments to other acts (medical assistance in dying). At the time, he said:

As honourable members know, one of my most important responsibilities as Speaker is to safeguard the rights and privileges of members, individually and collectively. Central to the matter before us today is the fact that, due to its pre-eminent role in the legislative process, the House cannot allow precise legislative information to be distributed to others before it has been made accessible to all members. Previous Speakers have regularly upheld not only this fundamental right, but also expectation, of the House.

Another question of privilege was raised on March 19, 2001, regarding, once again, the Department of Justice briefing the media on a bill before members of Parliament. In that ruling, Speaker Milliken said this at page 1840 of the House of Commons Debates:

In preparing legislation, the government may wish to hold extensive consultations and such consultations may be held entirely at the government’s discretion. However, with respect to material to be placed before parliament, the House must take precedence. Once a bill has been placed on notice, whether it has been presented in a different form to a different session of parliament has no bearing and the bill is considered a new matter. The convention of the confidentiality of bills on notice is necessary, not only so that members themselves may be well informed, but also because of the pre-eminent rule which the House plays and must play in the legislative affairs of the nation.

The Speaker found another case of contempt on October 15, 2001, once again involving the Department of Justice, which does not seem to learn, after it briefed the media on the contents of a bill prior to the legislation being introduced in the House.

We are being asked once again to deal with the contemptuous actions of the Minister of Justice and his justice team. We have had countless rulings from the Speaker. The House has expressed itself on numerous occasions. We have had three debates and extensive committee studies.

The message is crystal clear, yet the responsible minister continues to draft bills and then leak those bills to the media, ignoring the will of the House. I ask, Mr. Speaker, that you find a prima facie case of privilege, and I am prepared to move the appropriate motion.

Business of the HouseOral Questions

February 18th, 2021 / 3:25 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, if I understand the question correctly, my colleague wants to know what the legislative agenda will be for the next few days.

Tomorrow morning, we will continue with second reading debate of Bill C-14, which would implement certain provisions of the economic statement. In the afternoon, we will begin debate on Bill C-19, which would provide for temporary rules to ensure the safe administration of an election in the context of the COVID-19 pandemic.

Then, Monday and Wednesday of next week, we will continue the debate on Bill C-19. On Tuesday, we will consider Senate amendments to Bill C-7, the medical assistance in dying law. I would also like to inform the House that Thursday, February 25, will be an allotted day. On Friday that same week, we will begin second reading of Bill C-21, the firearms act.

I thank my colleague for his question.

Medical Assistance in DyingPetitionsRoutine Proceedings

February 17th, 2021 / 5:50 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the third and final petition raises concerns about some of the provisions in Bill C-7. In particular, it echoes the concerns of people in the disability community that Bill C-7 increases vulnerability and focuses on pushing people who are disabled toward death instead of providing them with the means and support to live their lives. The petition also raises concerns about same-day death: the possibility that someone could request and receive euthanasia on the same day as a result of the elimination of the 10-day reflection period. The petitioners want to see that reflection period left in place.

I commend all three of these petitions to the consideration of members.

Medical Assistance in DyingPetitionsRoutine Proceedings

February 16th, 2021 / 1:15 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the third petition is respecting Bill C-7, the government's bill that seeks to dramatically expand euthanasia, or medical assistance in dying, in Canada. Concerns have arisen, especially from the disabled community, about how some people are eligible for suicide prevention, whereas others, as a result of their physical disability, may be subject to suicide facilitation. All disability communities that have spoken about this issue have raised significant concerns about it. Petitioners call on the government to restore important safeguards, which it is proposing to eliminate as part of this bill.

I commend these three petitions to the consideration of the House.

Economic Statement Implementation Act, 2020Government Orders

January 25th, 2021 / 1:30 p.m.


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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, our day-to-day commitment and what we have achieved so far in this Parliament mean that we can honestly say that the Bloc Québécois caucus is reliable and proud.

This strong, heartfelt preamble to the main topic of my speech will help my colleagues better understand the scope of my comments and recognize the amount of time I spent poring over Bill C-14, an act to implement certain provisions of the economic statement tabled in Parliament on November 30, 2020 and other measures, which was tabled in the House on December 2 by the Deputy Prime Minister and Minister of Finance and came before the House this morning. To summarize, this bill outlines and gives details about some of the measures announced by the federal government in the speech that the minister gave when presenting her economic statement aimed at supporting Canadians and fighting the COVID-19 pandemic.

Members will recall how long the government waited before bringing this bill before the House for an in-depth study. In fact, in December, the government did everything it could to fast-track the study of Bill C-7 on medical assistance in dying, which was being systematically blocked by the socially conservative fringe of the Conservative Party. Everyone has their own battles to fight. I will not say what I think of these petty delaying tactics that put the interests and fundamental rights of hundreds of our fellow citizens in peril. Unfortunately, these people must wait for the government to legalize a situation they have considered carefully and an important decision that they want to make calmly, rather than witness an interminable, agonizing debate dragged out for crass partisan reasons.

To return to my speech, this bill, short as it is, makes major changes to several existing laws. I hope that these changes will contribute significantly to effectively advancing the welfare of all of our constituents. The Bloc Québécois does not take this approach lightly. If the government introduces a bill that makes sense and that is in the interest of Quebeckers, we will support it. However, the government must demonstrate that the bill is neither partisan nor pandering to particular groups, which is what we have been seeing for far too long from the Liberals, even in a minority government.

As everyone knows full well, and as the Bloc Québécois reminds the House on a daily basis, the Liberal Party has in its DNA an outrageous obsession with centralization that undermines the spirit of the Constitution that it shoved down Quebec's throat in 1982. Our NDP colleagues have always blindly followed the Liberals' lead in this matter. They act like the Liberals' lackeys, always eager to gather the crumbs that their masters leave behind in exchange for an ideological promiscuity that changes with the political winds.

To get back to Bill C-14, the government intends to amend a wide range of existing laws, enhancing them in some cases, but in an unfair way, as the Quebec governments of the past six decades would agree.

Regarding the best interests of Quebec taxpayers, most of the legislative amendments proposed by the Liberal government to the tax laws will have little or no effect on the current situation in Quebec. In fact, by amending the Canada Student Financial Assistance Act, the government is merely confirming the soundness and relevance of Quebec's student financial assistance program, which was established by Daniel Johnson Sr.'s government in the late 1960s. Premier Johnson was only continuing the work of the Lesage government, whose most imposing and important figures were undoubtedly Paul Gérin-Lajoie and René Lévesque.

Quebec offers one of the best student loan and bursary programs in the western world. This extraordinarily progressive approach has made our researchers, engineers, thinkers and numerous creators famous the world over, all thanks to the excellence of our university network.

Take, for example, my alma mater. The Université du Québec à Rimouski is internationally recognized for its marine acoustic research and the number of world-renowned researchers it has doing cutting-edge research on ecosystems like the unique, majestic St. Lawrence River. The same goes for Université Laval, the Université de Sherbrooke, the Université de Montréal and McGill University for medical and pharmaceutical research. Quebec ingenuity continues to grow. It is because of the student funding program developed by the Quebec government that we can be proud of the major breakthroughs in the medical research that is so important to us today.

During this devastating pandemic, I know that my counterparts in other provinces understandably envy Quebec for the prominent place that our researchers, scientists and doctors have on Canada's team.

For decades, the Quebec government has stood up to the federal government and demanded that Ottawa respect Quebec's constitutional prerogatives. The pride of a people gives rise to the significant benefits and advantages that forge a true nation.

If the government wants to make up for the weaknesses in its legislation concerning financial assistance for students in the rest of Canada, it should consider fair compensation for young Quebeckers who are treated well by Quebec, but not so well by the federal government. It is a simple matter of fairness.

Speaking of fairness, I would be remiss if I failed to mention a fundamentally unfair aspect of the government's action during the pandemic. Despite the billions of dollars in financial support that were announced and given to the Prime Minister's friends and family, we know that those who have clearly been the most unfairly and personally affected by COVID-19 are seniors, that is, our parents, grandparents and great-grandparents, if we are lucky.

It is unfortunate that the government has once again failed our seniors, when they are the ones whose financial situation has seriously deteriorated because of the many protective measures put in place for them by the various levels of government. I am very concerned about the fact that, apart from a single lump-sum payment last summer, the Liberal government failed these people who came before us and literally built a society of which we can be proud. To me, that is a slap in the face to an entire generation who, it seems to me—