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 / 8:20 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, my hon. colleague from Peace River—Westlock spoke about the options being provided by health care workers. I relate that to the story of a friend at home who had minor surgery, and because she was in such pain, the doctor basically opened up the cupboard and asked her what she would like. This ties into the opioid crisis. Sometimes the individual practitioner may not be looking at all the options out there. They may be looking at only the easiest options, and I hope that does not become the case here.

When we debated this bill in the earlier stages, it was to go to committee for possible amendments, and those amendments would determine what would happen when it came back here. I heard from constituents right across the North Okanagan—Shuswap on both sides of this debate, and I tried to put some of those issues forward in my earlier speech.

I would like to ask the hon. member for Peace River—Westlock if he feels the debate on both sides of this bill have been considered in the amendments that were either—

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:20 p.m.

The Deputy Speaker Bruce Stanton

We are out of time. We will have a short response, please, from the hon. member for Peace River—Westlock.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:20 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I remember the member's first speech on the bill, an impassioned speech he gave about his mother who suffered from Alzheimer's. A small miracle happened, in that he got his mother back for a few hours or days, I don't quite remember, but it was a miracle nonetheless. Those are the things that I hope that most Canadians get to experience.

In this debate around Bill C-7, there is unanimity in the disability community that there are not two sides to the debate. There is unanimity in the disability community that this is a bad bill. We should send it back and get it fixed.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:25 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, I appreciate the chance to speak about this bill at report stage. I want to take this time to share my personal experience about losing my parents and express my concerns with the bill as it currently stands.

My father passed away of a heart attack 19 years ago. This was incredibly difficult to deal with. He was there one minute, had a massive heart attack and was gone the next. While this was truly devastating, and one of the most difficult points in my life, fortunately there was no difficult decision to make, and his death was not prolonged or painful.

Six years later, my mother passed away. This was not so simple and, unfortunately, long and drawn out. My mother was diagnosed with stage four non-Hodgkin's lymphoma, and 14 years ago, at the time she was diagnosed, treatment options were not as advanced as they are today. My mother's stage-four cancer diagnosis looked grim. She tried radiation and chemotherapy. Both were ineffective, as the cancer was too far gone.

We were told by doctors that stem cell treatment would be her best course of action, as the treatment proved to be 70% effective for those who completed the treatment. In my mother's case, drugs were extremely effective on her body, and after two treatments the drugs caused her to have stroke-like symptoms. Because of the effects of the drugs on her body, she was immediately withdrawn from the stem cell treatment.

After withdrawing from the treatment, my mother's condition continued to decline. Over the next few months, she would receive a blood transfusion every three weeks that gave her a bit more energy and temporarily made her feel a bit better, but we all knew this was only a band-aid solution. There came a point when my mother did not want to continue to prolong her inevitable passing. She took time to reflect and decided to stop accepting transfusions altogether.

Quickly we saw how sick she truly was, not having received her transfusions. Not long after, my mother had passed. While 13 years ago, medically assisted dying was non-existent in Canada, even if it had been, my mother would not have chosen this option, even though she said she was sick of being sick and that was the reason she stopped accepting transfusions, as she was preparing to accept the inevitable. Although she was dying, she never experienced any pain, so she had a relatively comfortable passing. Given my personal experience with losing my parents, I sympathize with people who are in this position or have loved ones in this position.

The legislation we are discussing today is problematic. Choosing medical assistance in dying is a choice that should not be thought out over weeks, months or even years, in some cases. No one should be able to make a rash decision and seek out medical assistance in dying without a wait period. Conservatives are suggesting simple amendments to the legislation to fix the many problems it has and the ethical dilemmas that may arise out of it.

Because of my personal experience, I absolutely believe Canadians who are facing situations where their death is foreseeable should have access to medical assistance in dying. However, with legislation that allows that, there must be safeguards for vulnerable sectors of the population, as well as our health care professionals, both of which Bill C-7 fails to adequately address. Since the bill was first introduced, I have heard from my constituents both for and against the legislation. Interestingly enough, of all the constituents I have heard from on this issue, no one has said to me they want the bill to be passed in its current state. Those who are for the legislation want to see it passed, but not without amendments.

I agree with them and I cannot support the bill in its current form, so let me share with the House the main points I am hearing from constituents who would like the legislation amended.

First is protecting conscience rights of health care professionals. If a doctor fundamentally disagrees with providing assisted dying, it should be acceptable for them to decline the procedure without providing a referral. If a doctor sees medically assisted dying as ethically improper, as doctors take the oath to “do no harm”, when providing a referral to a doctor who will do the procedure, the initial doctor still plays a role in the practice and we must protect their conscience rights.

Second is requiring the patient to be the one to request the information on medically assisted dying. Should someone else request information on medically assisted dying on a patient's behalf, they could feel unwanted pressure, especially if the patient has a mental disability. By not having a safeguard in the legislation, vulnerable sectors of the population are being put at risk.

Third is providing a clearer definition of foreseeable death. In its current form, the legislation fails to clearly define a foreseeable death. Could old age be seen as a foreseeable cause of death? Is that an acceptable reason for a request for medical assistance in dying? What about a disease that will likely take 10 years before someone passes?

Finally, and most importantly, is reinstating the 10-day reflection period. A person who lives to the age of 75, the average age of people who use medical assistance in dying, will have lived about 27,500 days. A 10-day reflection period to ensure they are ready to go is not just recommended, but it is essential.

I would like to bring up another personal point. When my grandfather reached 80 years of age, he stated many times what a good, healthy life he had and that at this time he was more than ready to accept his passing. It took another 16 years before my grandfather passed away. In that time, when he was 91, his hip broke and because of his advanced age we thought for sure that this would be the end. It was not. He was 96 when his other hip broke and that led to his passing.

Even though he had a very long and relatively healthy life, in his final years, his body was slowly deteriorating. He had macular degeneration and was legally blind. In his advanced years, he was essentially deaf. Even though he was physically able to manoeuvre on his own abilities, he said many times that being blind and deaf makes for a very long day. In this situation, would this be grounds for him to choose medically assisted dying simply because of his old age?

In reading this bill, several questions come to mind that I believe the government has not addressed in the legislation.

Can one consent in advance to be euthanized once one reaches a state one fears but which one has never experienced, like living with advanced dementia?

Once a person has signed an advance request and has lost capacity to consent to medical treatment, at what point would that person be euthanized?

Even if a person has signed an advance request and lost capacity, should a physician, before euthanizing the patient, try to determine whether the patient is currently suffering intolerably and desires to die? In its current form, Bill C-7 has no such requirement.

If a non-capable person seems to resist a lethal injection, can the physician, nevertheless, proceed with the injection if the physician believes that the resistance is not due to any understanding on the patient's part that the injection will kill them? In its current form, Bill C-7 says that apparent resistance means a doctor must not proceed, but clarifies that involuntary response to contact is not resistance.

That raises another question. How does a doctor determine if the response to contact is involuntary?

With all this being said, in its current form, I cannot support the legislation. I certainly hope, for the sake of all Canadians who may wish to consider medical assistance in dying, the government accepts the Conservative Party's amendments to the legislation. I look forward to questions.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:30 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, I have more of a comment. Over the last number of years since 2015, shortly after getting into government, we have had a great deal of debate, whether inside the chamber, in committee, in the Senate or with our constituents, related to just how important this issue is.

There have been many different types of amendments brought forward. Some have been accepted and others, obviously, have been rejected. We have to be careful not to underestimate the valuable contributions that all participants, including the medical and science professionals, who have allowed us to bring the legislation to the point we are at today.

I always indicate that all lives are equal and I will continue to advocate for that. We need to recognize that, at times, we will have to agree to disagree. I wanted to express that I appreciate the comments by the Conservative Party. Having said that, I believe the legislation we have is a step forward in the right direction.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:35 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, it is probably a little easier to address the comments of the member for Winnipeg North than to answer questions, to be honest.

The member is right. This is a very serious situation where we have no recourse. It is not that people can come back three days later when they have found out they did not like dying so much. That is the problem with this. We have to make sure that the rights of people are protected properly, and that is really my concern. I do not have a problem when people wish to have medically assisted dying because that is their right. We should not make that choice for them, but there needs to be proper safeguards for our vulnerable population. That is what I would like to see amended.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:35 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, my colleague makes the point well that we have different points of view, even within our own party, about some of the fundamental questions involved. To coin a phrase, sometimes diversity is a source of strength. The fact is that we have different points of view, but what we are united as a Conservative caucus on is that there need to be protections for vulnerable people.

The 10-day reflection period can already be waived in certain circumstances. The government says it is too much to have a reflection period of 10 days when people wait so much longer to get access to basic treatment. These are reasonable amendments and it is just so striking that the government does not listen. It does not listen to the physicians, the patients, the disability folks or other parliamentarians who have raised these concerns.

I am curious what the member's response is to how we put forward these reasonable proposals and the government consistently refuses to listen to these concerns.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:35 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, I have to admit it is quite baffling, but Liberals are probably taking the path of least resistance. It is so much easier just to wipe away any conditions, because then conditions do not have to be regulated and terms do not have to be put forward. All one has to say is yes, it is allowed, and be done with it.

The member is right. I have to agree that there should be safeguards put in place. Even when people buy vehicles or appliances, there is always buyer's remorse to some degree and there is a waiting period. Why would we not have some type of waiting period when dealing with someone's life? I fully agree with the member's comments.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:35 p.m.

Green

Paul Manly Green Nanaimo—Ladysmith, BC

Mr. Speaker, we are the only country with universal health care that does not have universal pharmacare. There are people in this country who cannot afford their medicine. When they cannot take their medicine, their health declines, and when their health declines, they end up on a downward spiral. We end up with people who end up in situations where death becomes foreseeable.

Why do the Conservatives not support a universal pharmacare program to make sure we take care of people while they are alive and they get the things they need to live a good life and be healthy?

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:35 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, the problem is that with most couples, partners of various kinds, one or both of them have a medical plan already in place. The statistic is that around 96% of most Canadians have a health care plan, whether it is a plan at work or a seniors program through the province. Yes, a few people fall through the cracks, so why would we not address the small population that does not have the benefit of a medical plan of some kind instead of a universal plan right across the country, which is going to cost billions instead of a few millions.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:40 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, it is an honour to speak this evening, virtually, from my home province of New Brunswick, to what is a very important issue for Canadians from coast to coast to coast.

Four days is how long the House of Commons Standing Committee on Justice and Human Rights took to study Bill C-7. I have listened with great interest to my colleagues on all sides of the House as we debate this important issue, and it has become abundantly clear that the amount of time the government allocated for the study of this legislation was woefully inadequate. That became abundantly clear to me as a member of the Standing Committee on Justice and Human Rights, where we heard witness after witness, in testimony after testimony, talk about the negative impacts that this legislation will have on Canadians, particularly Canadians with disabilities.

I go into this debate with an open mind. I know that all 338 members of the House of Commons come from different political parties, different backgrounds and different perspectives, but I would hope that most of us are united in our resolve to protect those who are vulnerable and help those who are less fortunate than some of the rest of us. Some of those people appeared before our committee. We had persons with disabilities and other persons who are vulnerable, and under Bill C-7, they would be, for the first time ever, eligible for assisted death in our country.

Bill C-7 is not a moderate change from the existing law. Five years ago, Bill C-14 was passed into law under a majority Liberal government, and it provided for assisted dying. One of the features in that bill, and there was a number of them, were the safeguards that were put in place. One of those safeguards was that a person's death had to be reasonably foreseeable in order for them to be eligible for assisted dying. In other words, the person had to be dying to be eligible for assisted dying.

There were other safeguards in place too, including a 10-day reflection period. We throw around terms like “life-or-death question” or “life-or-death situation”, but assisted dying truly is life or death, and the 10-day reflection period gave someone an opportunity to change their mind.

As members know, with the Truchon decision in Quebec, the Superior Court decided that a safeguard for the reasonable foreseeability of death was not constitutional. It is my position and the position of the Conservative Party, as well as that of many Canadians, that this decision should have been appealed to the Supreme Court of Canada, for certainty. One of the key things the Attorney General does on behalf of a government, which is one of the key things a government does, is defend government legislation. This is brand new legislation on a brand new idea in Canada. However, the Liberal government, even at the first instance, did not defend its own legislation and its own safeguards, and did not appeal the decision.

We have heard from so many different groups, such as palliative care doctors and persons with disabilities, and they spoke of the need to appeal the decision. We heard at committee how important it would have been to do so. However, rather than appeal the decision, the government brought in Bill C-7, which not only responded to the Quebec court decision but went further in stripping away a number of safeguards that existed in the previous legislation.

At committee, the Conservative Party moved 10 amendments that were based on the feedback we heard from persons with disabilities, palliative care doctors and other specialists. They would have put back in place some of the safeguards that had been stripped away. However, one by one, amendment after amendment, these very modest proposals were defeated by the Liberal government.

I want to mention a few of those proposals.

One was to maintain the 10-day reflection period to give individuals who may change their mind about assisted dying the opportunity to do so.

Another was the requirement that two independent witnesses, neither of whom are paid, be there throughout the process of assisted dying. We sometimes have two witnesses for wills. Surely, to ensure ultimate safeguards we should have two independent witnesses for MAID.

Another was ensuring the physician who is dealing with the individual has an expertise in whatever ailment the patient is facing. That is not a requirement in this legislation.

We heard powerful testimony from Roger Foley. Members may have heard of his case. He recorded conversations he had with individuals within the hospital who were trying to encourage him to consider MAID, assisted death. I think he is someone who has so much to give, even in his state as a person living with a disability. Roger Foley appeared before the justice committee, and he did that not for himself, but to help other Canadians living with disabilities so they would not be faced with the same thing he was faced with: individuals advising him that he is eligible for assisted dying.

I have heard a number of members tonight talk about the equality of Canadians. We heard from different groups representing persons with disabilities, and they see this as an equality issue. They say there is no equality under this law because they are being singled out. They are asking why they are being singled out.

Dr. Catherine Frazee, a person with disabilities and a professor at the school of disability studies at Ryerson University, said:

Bill C-7 begs the question, why us? Why only us? Why only people whose bodies are altered or painful or in decline? Why not everyone who lives outside the margins of a decent life, everyone who resorts to an overdose, a high bridge, or a shotgun carried out into the woods? Why not everyone who decides that their quality of life is in the ditch?

As I mentioned, we heard from Roger Foley, who said:

What is happening to vulnerable persons in Canada is so wrong. Assisted dying is easier to access than safe and appropriate disability supports to live. Committee members, you cannot let this happen to me and others. You have turned your backs on the disabled and elderly Canadians. You or your family and friends will all be in my shoes one day. You cannot let this sliding regime continue.

As Conservatives, we have listened throughout this process. That's why we said the government should have appealed the decision.

As members know, there was a five-year mandatory review under Bill C-14 of the assisted dying regime in Canada. We know that was to start this summer, but the government did not even get the benefit of the mandatory parliamentary review before it brought in sweeping changes that fundamentally alter the assisted dying regime in Canada and alter it against the wishes of persons with disabilities, palliative care doctors and people who are caring for people at the end of their life.

We need to get this right. I would have loved to see an openness from the government to adopt some of our amendments, such as the one Roger Foley asked for, which would have specifically prohibited doctors from bringing up MAID to patients and required that it went the other way around so that the patient would have to bring it up.

For those for whom death is not reasonably foreseeable, who would be eligible for MAID under Bill C-7, we could have extended the reflection period to 120 days. This is based on testimony we heard. It would give time for treatments to take effect and for people to come to terms with their situation.

This is an important bill. It is one that we should have taken more time with. I know the Senate will be looking at it, but I urge all parliamentarians to think of persons living with disabilities who are saying no to the bill.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:50 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I thank my colleague for his excellent work on this file as the shadow minister for justice for our caucus and also as vice-chair of the justice committee.

I am not a regular member of the committee, but I have had the opportunity to listen to some of the incredibly moving testimony, and it is hard for me to understand how someone could sit through and listen to that testimony and still vote against these amendments. We heard from physicians. We heard from people with disabilities. We heard from organizations. There was unanimity among those from the disabled committee who testified before the committee. They said they have a very different experience with the health care system in the context of medical assistance in dying. It is being offered and even pushed on them. We heard from many witnesses who raised that concern.

It is hard for me to understand how members of the government caucus could sit through those hearings, listening to those concerns and to reasonable calls for amendments, and then vote down 100% of the amendments that people with disabilities were saying would address their concerns. However, it explains why the government was so keen to shut down those hearings prematurely.

I would appreciate hearing more from my colleague about his response to that compelling testimony.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:50 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I thank my hon. friend for his time spent on the justice committee during the limited time we spent debating the bill and dealing with witnesses.

He is absolutely right. I also thought, in hearing witness after witness, the disability community was unanimous. Groups representing people with disabilities are unanimously against this legislation. Krista Carr, who is the executive vice-president of Inclusion Canada, said that the bill represents the disability community's greatest fear.

I do not understand why our very modest amendments were rejected. They would have protected persons with disabilities from being offered death and helped them deal with their disabilities. I certainly hope that in the future we take greater care with these types of issues related to people with disabilities.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:50 p.m.

Green

Paul Manly Green Nanaimo—Ladysmith, BC

Mr. Speaker, I would like to thank the hon. member for Fundy Royal for supporting the amendments that I brought forward in committee. The justice committee is not in my portfolio, although one of my portfolios is disability.

It is important to hear from those in the diverse ability community. They have a saying: “Nothing about us without us”. They appreciate being heard, so I had some of my own meetings with Inclusion BC and with members of the diverse ability community in B.C.

One thing we know is that poverty is a social determinant of health, and there are too many people living in poverty in this country. We are a wealthy country, so there is no reason why we have people living in poverty.

We put forward the idea of a guaranteed livable income, so I would like to ask the hon. member what kind of programs he would put forward to eliminate poverty in this country. We need to take care of people.

Criminal CodeGovernment Orders

December 2nd, 2020 / 8:50 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I thank the hon. member for his great work at the committee. I believe one of his amendments, which we supported, would have helped in some way to improve the bill.

The hon. member is right. In assisted dying, it is not a true choice if someone has not had a consultation about their living situation, their social situation and palliative care. The bill would not even require that a person have a real consultation with a palliative care doctor, before MAID is offered, to know what quality of life they can have. We are hearing, even as recently as today, stories about isolation and about COVID being a determining factors in people's decision to end their life prematurely. In Canada, that should not be acceptable.