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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)

Debate Summary

line drawing of robot

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-7 amends the Criminal Code regarding medical assistance in dying (MAID), removing the requirement for reasonably foreseeable death and establishing revised safeguards and assessment processes.

Liberal

  • Removes foreseeable death criterion: Bill C-7 repeals the reasonable foreseeability of natural death criterion in response to the Truchon court decision, establishing a two-track system for safeguards.
  • Maintains strict eligibility: Eligibility requires a voluntary request and informed consent; suffering must stem from illness, disease, disability, or advanced decline, not solely external factors.
  • Balances safety and autonomy: The bill balances safety and patient autonomy by incorporating amendments like expert consultation while rejecting others based on practitioner feedback to alleviate suffering.
  • Promotes equality for disabled: The bill promotes equality for persons with disabilities by ensuring they have the same autonomy over end-of-life choices as non-disabled individuals, as supported by Truchon.

Conservative

  • Opposes removing safeguards: The party opposes removing safeguards like the 10-day reflection period and requiring only one witness, arguing these are necessary protections for vulnerable Canadians.
  • Protects vulnerable persons: The party focuses on protecting vulnerable Canadians and persons with disabilities, arguing the bill risks coercion and devalues lives by making MAID easier to access than support.
  • Prioritize palliative care: The party believes the government should prioritize increasing access to palliative care and other supports, arguing MAID should not be easier to access than care.
  • Opposes rushed legislation: The party criticizes the government for rushing the bill, failing to appeal the Truchon decision, and neglecting the mandated parliamentary review of the existing law.

NDP

  • Oppose 10-day waiting period: The party views the 10-day period as a waiting period, not reflection, which medical providers say prolongs suffering for patients and families.
  • Oppose extending assessment: Extending the 90-day minimum assessment period for those whose death is not reasonably foreseeable is arbitrary and risks prolonging suffering.
  • MAID reduces suffering: MAID is designed to reduce unnecessary and intolerable suffering at the end of life, allowing individuals control over their inevitable death.

Bloc

  • Supports amending maid law: The Bloc supports amending the Criminal Code to remove the "reasonably foreseeable death" criterion for medical assistance in dying, as required by the Quebec Superior Court ruling.
  • Quebec leads on maid: The party highlights Quebec's pioneering role and higher public support for medical assistance in dying as a positive model for the rest of Canada.
  • Ensure access for suffering: It is essential to ensure that people with irreversible degenerative diseases who are suffering can access MAID without legal challenges, while proceeding cautiously with other cases.
  • Need clear guidelines: The party emphasizes the need for clear guidelines, prevention of abuse, and ensuring access to palliative care to guarantee patients have a real choice.
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Sitting ResumedCriminal CodeGovernment Orders

December 2nd, 2020 / 10:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Is the House ready for the question?

Sitting ResumedCriminal CodeGovernment Orders

December 2nd, 2020 / 10:45 p.m.

Some hon. members

Question.

Sitting ResumedCriminal CodeGovernment Orders

December 2nd, 2020 / 10:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The question is on Motion No. 2. A vote on this motion also applies to Motion No. 3.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I invite them to rise and indicate it to the Chair.

Sitting ResumedCriminal CodeGovernment Orders

December 2nd, 2020 / 10:50 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I would request a recorded division.

Sitting ResumedCriminal CodeGovernment Orders

December 2nd, 2020 / 10:50 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Pursuant to order made earlier today, the recorded division stands deferred until Thursday, December 3, at the conclusion of Oral Questions.

It being 10:50 p.m., pursuant to order made earlier today, the House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 10:50 p.m.)

The House resumed from December 2 consideration of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as reported (with amendments) from the committee, and of the motions in Group No. 1.

Criminal CodeGovernment Orders

December 3rd, 2020 / 3:10 p.m.

The Speaker Anthony Rota

It being 3:08 p.m., pursuant to order made on Wednesday, December 2, the House will now proceed to the taking of the deferred recorded division on the motions at report stage of Bill C-7.

Call in the members.

[Before the Clerk announced the results of the vote:]

Criminal CodeGovernment Orders

December 3rd, 2020 / 3:45 p.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, I rise on a point of order related to the vote. The hon. member for Haldimand—Norfolk had to leave during the vote, so we would ask that her vote not be counted.

(The House divided on the amendment, which was negatived on the following division:)

Vote #26

Criminal CodeGovernment Orders

December 3rd, 2020 / 3:45 p.m.

The Speaker Anthony Rota

I declare Motion No. 2 defeated. I therefore declare Motion No. 3 defeated.

Criminal CodeGovernment Orders

December 3rd, 2020 / 3:45 p.m.

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

moved that the bill, as amended, be concurred in at report stage.

Criminal CodeGovernment Orders

December 3rd, 2020 / 3:45 p.m.

The Speaker Anthony Rota

If a member of a recognized party present in the House wants to request a recorded vote or request that the motion be passed on division, I invite them to rise and so indicate to the Chair.

[And one or more members having risen:]

(The House divided on the motion, which was agreed to on the following division:)

Vote #27

Criminal CodeGovernment Orders

December 3rd, 2020 / 4:25 p.m.

The Speaker Anthony Rota

I declare the motion carried.

When shall the bill be read a third time? At the next sitting of the House?