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

November 27th, 2020 / 12:30 p.m.

Parkdale—High Park Ontario

Liberal

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

Madam Speaker, I appreciated the speech given by the member for Esquimalt—Saanich—Sooke prior to question period and his contributions at the justice committee in the very sensitive and measured study of this bill.

In respect of what he heard at committee and in respect of his interest in this legislation, I wonder if he could comment on the amendment that he suggested, which was eventually adopted by the committee, in respect of ensuring that when someone is on track two, as it is known, where one's death is not reasonably foreseeable, the expertise is available to do a robust and rigorous assessment of the conditions and one's eligibility for MAID.

What motivated that kind of amendment? What is it geared towards addressing?

Criminal CodeGovernment Orders

November 27th, 2020 / 12:30 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, what I would say is that in the new track two, because there will be a broader range of medical conditions that may allow people to apply for medical assistance in dying, there are additional procedures required. One of those is for the assessors to seek extra expertise before the provision of medical assistance in dying.

The amendment I suggested came from the Association of MAID Assessors and Providers, which was to clarify that they could seek additional expertise, not from specialists but from those who are familiar, and perhaps more familiar than they might be, with the condition that is causing the patient's suffering.

The amendment clarifies how this is to proceed and who is to do the consultation. This is particularly important in rural and remote areas, where physicians may not have at hand those who could serve as assessors who have expertise in every medical condition that will now be covered under the track two.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:30 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I know that my hon. friend has taken issue with the use, by some people in the medical community and patient advocates, of the term “same-day death” to describe the implications of this legislation.

However, the fact that the committee rejected an amendment that would leave in place a 10-day reflection period, the fact that the committee rejected an amendment that would allow a seven-day reflection period, and the fact that no amendments were proposed to have any kind of reflection period in place whatsoever, not 36 hours, not 24 hours, the implication, very clearly, is that the law allows same-day death. The law allows somebody to make a decision and be approved, and then receive euthanasia or medical assistance in dying that same day.

Would the member recognize that without the amendment proposed by my colleague from St. Albert—Edmonton, we will end up with same-day death in Canada?

Criminal CodeGovernment Orders

November 27th, 2020 / 12:30 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I am going to be very careful not to impute motive, but anyone who understands how medical assistance in dying works knows that these phrases of “same-day dying” and “same-day death” are completely and utterly false. The only way this could happen would be that the assessment procedures specified in law were not followed.

He is in fact saying that the only way we would have same-day death is if the medical professionals involved violated both the law and the professional standards to which they are subject. I do not know why people continue to insist that this is something that would be possible, when clearly it is not.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:30 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the member should acknowledge that in the legislation there are no timelines set in the context of those assessment processes. Those assessment processes might take a longer period of time, but they might not. What is required by the law is two physicians signing off on the criteria having been met. There are absolutely no timelines around that.

The member has to recognize the reality of the law, and if he does not want same-day death to happen, all he has to do is vote in favour of the amendment from my colleague. The amendment alone would prevent same-day death from becoming a reality.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:30 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I cannot thank the member for the question. That is a shameful statement to make in the House of Commons. It accuses physicians of being prepared to act both unethically and illegally in the way they assess those eligible for medical assistance in dying.

I just cannot understand what the motives are of those who are trying to suggest that this is, indeed, a real possibility.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:30 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, when I was in high school I had the privilege of looking after an elderly lady who had MS. She was bound to a wheelchair and needed assistance on the weekends. I would provide respite care.

At the time her husband had left her, unfortunately, for her first caregiver. She was left abandoned, sometimes feeling depressed, discouraged and absolutely questioning life, but nevertheless offered hope and something of great worth and value to me as a young person in high school.

I would spend time with her listening to her stories and her reflections, and she modelled for me this great depth of character, humility, kindness, and an understanding that life sometimes gets difficult, but one puts their head up and keeps going.

I would talk to her about the challenges I faced in high school. She would walk me through them and she would offer her perspective and her insight. She always helped me come back into alignment. I cannot imagine living through high school without the blessing Sheila offered in my life at that time. I am incredibly thankful for the contributions she made.

The legislation before this House, Bill C-7, has to do with making changes to the parameters around physician-assisted death. People like Sheila will be put at risk. They will be put in harm's way should this legislation go through. It certainly seems that is the direction we are going here today, and it is unfortunate.

I would like to outline four specific concerns that exist with this legislation, and these are the concerns that are being brought forward by every single disability group in this country and have been signed off on by more than a thousand physicians here in Canada.

The first concern is, under this new piece of legislation, death would no longer need to be foreseeable, which means that it would no longer need to be imminent.

One witness said, “The removal of 'reasonably foreseeable' natural death as a limiting eligibility criterion for the provision of MAID will result in people with disabilities seeking MAID as an ultimate capitulation to a lifetime of ableist oppression.” She is talking about the devaluation of those who live with a disability and the elevation of those who have able bodies. It is wrong.

The second problem with this legislation is that it would remove a 10-day waiting period. Between giving a formal signature saying yes to medical assistance in dying and actually having the procedure administered, there used to be a 10-day waiting period. This legislation would do away with that. With something so final, so irreversible, it seems appropriate that an opportunity for a sober second thought would be granted to those who are seeking this procedure. At minimum, they should be given the opportunity to reflect.

Others will argue that they have already reflected, they have spent time thinking about this and it is often not a decision made in the moment, but I would contend, and psychologists would agree with me, there is something very significant that happens in the mind of a human when they put pen to paper. When they sign off on something, it often provokes further emotion, further consideration and further conversation with family and friends. We must give people that opportunity.

The third concern I have with this piece of legislation, and it is backed up by so many, is that it would require only one witness to sign off and not two. This takes away from the accountability required. It puts the vulnerable at risk.

In order to execute a will, two signatures are required. This is to execute a will, which is for the most part about finances. How much more should we require that extra element of accountability and thought when it comes to someone's life?

The fourth concern I would like to bring to this House today is that this legislation would not require the patient to initiate the conversation. In other words, it would allow the physician to initiate it. It would also allow the physician, or another medical practitioner, to suggest or incite the idea on behalf of the patient or for the patient. That is dangerous. It is extremely dangerous.

To illustrate this point, we had a witness come to committee whose name is Taylor Hyatt. She talked about her experience as a 20-something woman who is in a wheelchair. She went to the doctor because she had pneumonia. This is a condition most people would recover from when they are in their twenties, and so she had every expectation that of course she is going to be fine on the other side.

This was her experience:

“[The doctor] said, “The only thing we know is that this infection affects your breathing and you may need oxygen. Is that something you want?” My answer was, “of course”. [The doctor] seemed surprised and unconvinced so she asked [me] again. My answer was unchanged.

A doctor should never pressure a patient to consider medical assistance in dying, never. That is completely inappropriate. Taylor made this very clear in her testimony when she said, “Whether disabled or not, Canadians look to these professionals as guides. Doctors have power to shape the perspective of others and they should wield it with great care.”

It is absolutely necessary that we treat all people, but in particular those who live with a disability, with the utmost respect, dignity and value. What does it say about our society when we neglect to do just that?

This is an important question, and again it is one that is being asked by so many within the disabilities community. They are afraid that over time this will become entrenched in our social fabric as a nation. Instead of it being an option, it would actually become the expectation that of course a person with a disability would seek medical assistance in dying, and of course they would not want to live their life with these perceived restrictions or pain in their lives.

We actually know that doctors overestimate the perception of someone with a disability, as to the value of their life. In other words, a person with a disability sees great value in what they have to offer and in the life that they live, but the physician often imposes upon them a different set of values and a different level of worth, and that is wrong.

Krista Carr, the VP of Inclusion Canada, said, “The disability community is appalled that Bill C-7 would allow people with a disability to have their lives ended when they are suffering but not dying.” They are suffering, but they are not dying.

She went on to say, “Language and perceptions are powerful. Including disability as a condition warranting assisted suicide equates to declaring some lives [just simply are] not worth living”.

It creates this differentiation, then, between first-class society and second-class society; those who have able bodies and those who have bodies that are different; those who live with a disability and those who do not. It is atrocious that we would go down this road as a society.

Catherine Frazee has spinal muscular atrophy, and she was a professor of disability studies at Ryerson. She asked, “Why us?”

She apologized for her illustration, but nonetheless it is a point worth making. It makes us uncomfortable, but here is her quote. She said:

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?

Surely the answer rises up in [each of us]: That's not who we are.

Let those words ring in this place: “That's not who we are.”

As Canadians, we pride ourselves as being people who are full of compassion; people who treat one another with dignity, respect and honour; and people who look at one another regardless of the colour of their skin, their race or ethnicity, the language they speak or their background.

We look at each other and we say, “You are a person of value; you are a person of worth; you are a person who deserves respect”. It is not like us to relegate those who have a disability as second-class citizens. We must not go in this direction. We cannot do that because this is not who we are.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:40 p.m.

Don Valley West Ontario

Liberal

Rob Oliphant LiberalParliamentary Secretary to the Minister of Foreign Affairs

Madam Speaker, while I thank the member for her comments, I must say I profoundly disagree with both the premise and the very fundamental point. I would like to know from her two things.

First, how often has the member walked extensively through the process of MAID, and how many people has she actually engaged with who have undertaken the decision to have MAID?

Second, members on the other side of the House are proud to say that a thousand physicians have expressed concern. Why is it that the member thinks that the 98,000 other physicians in Canada have not expressed that concern? Why is it less than one per cent of physicians in Canada who have expressed such a concern?

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, that member may want to reconsider his words, because I will speak them back to him. He may want to give them a sober second thought, the very thought that he is not affording those who have a disability.

The member opposite said that he disagrees with the premise of my argument. Let me rehearse the premise of my argument. Every single Canadian, regardless of ability, is of equal worth, equal value, equal dignity and is worth equal respect. If that member disagrees with that, shame on him.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, this is an emotional debate.

I congratulate the member on her speech. I can feel the emotion, but we must not get caught up in perceptions.

The objective of the bill is not to determine the value of a life; far from it. The objective of the bill is to allow people who are suffering tremendously and who know that there is no way out to make a choice that is not ours to make.

I would like to hear the member's thoughts on that. For example, does she not believe that Ms. Gladu's tremendous suffering was imposed by the system? Is the objective of this bill not to allow individuals to make their own choices? I do not see anything in the bill about the value of a life. Quite the opposite, in fact.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, the hon. member talks about the objective of the bill, that we need to turn our attention there and therefore ignore anything that it might do, intentionally or unintentionally, aside from the objective of the bill. That is an illogical argument. That is wrong.

We must acknowledge what those within the community of people who live with a disability are saying. Why would we say that their voices do not count? The point is that this bill would impact those individuals and put them at risk.

Mr. Roger Foley came to the committee and he talked about his experience of living with an irreversible neurological disorder. He talked about his irreversible condition and he talked about what the doctors said to him. They said that they could no longer provide him the care he needed in the hospital, so they would send him home. However, they sent him home with no supports. He said, “I have been coerced into assisted death by abuse, neglect, lack of care and threats.” This is not—

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

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

We have time for one more question.

The hon. member for Esquimalt—Saanich—Sooke.

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I thank the hon. member for Lethbridge for raising what I know are very sincere concerns.

I have also heard concerns from the disabled community. Therefore, I have made the suggestion that we need a special committee of the House to undertake the statutory review of all the legislation around medical assistance in dying and that the mandate of that statutory review should include a provision to examine whether the safeguards for vulnerable people are adequate in our medical assistance in dying legislation.

Does the hon. member support my proposition that we make this part of the statutory review?

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, why would we pile on more bureaucracy, so to speak, when we have the opportunity in front of us? Witness after witness said that this was being rushed through. One witness commented on the fact that in the middle of a pandemic this was being rushed through. She drew attention to the irony that in the middle of a pandemic we were giving focus and attention to protecting the vulnerable, yet we were unwilling to give this legislation due time. That is wrong. Now is the opportunity—

Criminal CodeGovernment Orders

November 27th, 2020 / 12:45 p.m.

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

Resuming debate, the hon. member for South Surrey—White Rock.