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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)

Opposition Motion—Long-Term CareBusiness of SupplyGovernment Orders

March 22nd, 2021 / 4:05 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I wonder if my colleague could pick up on where she was at the end of her speech in talking about issues of ableism and the implications of that. Many in our caucus have been very concerned about provisions in Bill C-7, and we have joined with people in the disability community in highlighting the ways in which the mechanics of that bill could really perpetuate the kind of ableism that people with disabilities experience when interacting with our health care system.

I know the NDP members supported Bill C-7 at third reading, but then they opposed the message to the Senate. I wonder if that was in response to hearing feedback from all the disability groups that were speaking out about the bill.

What does the member think we can do in this context to fight ableism in our health care system?

Medical Assistance in DyingPetitionsRoutine Proceedings

March 22nd, 2021 / 3:50 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, the last petition I am presenting today is with respect to the importance of the lives of the elderly and the passing of Bill C-7. The petitioners are calling on the government to support measures to protect human life, as all life should be regarded with great respect. They believe we should support the most vulnerable and defenceless Canadians instead of facilitating their death. The petitioners are concerned about the passage of Bill C-7, especially with the inclusion of mental health.

Medical Assistance in DyingPetitionsRoutine Proceedings

March 22nd, 2021 / 3:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the third petition deals with Bill C-7. The petitioners are very concerned by the fact that this bill has removed vital safeguards associated with the euthanasia regime, safeguards which the government said were essential only a few short years ago.

The petitioners call on the government to restore the 10-day reflection period, restore the original requirement that a person must give consent to a life-ending procedure immediately before it is performed, restore the requirement for two independent witnesses, require medical professionals to do everything possible to enable the person to access life-affirming services to relieve their suffering, and accommodate persons with communication disabilities by clarifying their refusal of or resistance to administration of physician-assisted death.

Medical Assistance in DyingPetitionsRoutine Proceedings

March 12th, 2021 / 12:20 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the second petition raises significant concerns about Bill C-7, which just passed the House last night. The bill would bring in the possibility of same-day death by eliminating the 10-day reflection period. It risks making disabled Canadians second-class citizens when they access the health care system and undermines suicide prevention work through the changes related to mental health.

JusticeOral Questions

March 12th, 2021 / noon


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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, yesterday, we moved a very important step closer to passing the critical changes to medical assistance in dying, through Bill C-7. We listened through this process to more than 300,000 Canadians. We heard from countless experts. We spent more than 45 hours of debate on this important legislation. However, the job is clearly not done yet.

We finally brought the unfortunate obstruction by the official opposition Conservative Party to an end in the House. Now it is up to the other place, the Senate, to complete this bill's journey so that these critical changes can become law and suffering can end for Canadians.

JusticeOral Questions

March 12th, 2021 / noon


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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, the government has indicated that it plans to finally move forward with a parliamentary review of Canada's medical assistance in dying legislation, nearly one year late. Persons with disabilities and mental health advocates are worried that their concerns will continue to be ignored. They are concerned that engaging in the process will be a waste of their time. Can the minister confirm that all options will be on the table in this review, including reversing some of the changes pushed through in Bill C-7?

Medical Assistance in DyingStatements by Members

March 12th, 2021 / 11:10 a.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, yesterday the Liberals invoked closure on their motion that significantly altered Bill C-7 by expanding medically assisted death to those with mental illness. They did so at the absolute last moment possible in the parliamentary process.

I have received hundreds of emails, letters and calls in opposition to Bill C-7, in particular from persons with disabilities and groups that advocate for them. Many of them wanted more time to speak out in committee against Bill C-7. The government has now expanded Bill C-7 so that MAID will be accessible by those with mental illness. This was done with no consultation directly on this issue in the House of Commons.

I call upon the government to actually listen to those who are raising concerns with the changes made by Bill C-7 and be willing to address them through the upcoming parliamentary review.

Employment Insurance ActGovernment Orders

March 12th, 2021 / 10:35 a.m.


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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, the member has indicated that speaking to this legislation is worth the effort. I am pleased that he spent a portion of his time on this issue. I agree with him that COVID is a huge issue and we need to be there for Canadians.

Mental wellness is at an all-time low in Canada, so my question for him is this. If the legislation is worth the effort, why was there no effort on the side of the Liberals to stand up and speak to Bill C-7 and the huge changes made to it in the House yesterday?

Employment Insurance ActGovernment Orders

March 12th, 2021 / 10:20 a.m.


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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Again, Madam Speaker, the member has to speak about the current bill. He has not heard any resistance that Conservatives are going to vote one way or another. He is talking about the concurrence motion now. All he is trying to do is justify what the government did on Bill C-7. Part of the reason we wanted more debate on Bill C-7 was the fact it was supposed to undergo a five-year review, and that was not permitted.

Employment Insurance ActGovernment Orders

March 12th, 2021 / 10:05 a.m.


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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

Madam Speaker, it is quite a pleasure to speak to Bill C-24 at third reading.

Earlier in the week, I spoke on Bill C-24 at second reading. Back then, I emphasized how important the legislation was to the Government of Canada. Since the very beginning of the pandemic, the Prime Minister has made a commitment to have the backs of Canadians. Once again, we have legislation before the House that is absolutely critical with respect to supporting Canadians today and continuing to do so going forward.

When I spoke on the bill earlier in the week, I was somewhat upset and I expressed my feelings about the Conservative Party and how it was filibustering important legislation on the floor of the House of Commons. In fact, I recall citing a tweet by the member for Kildonan—St. Paul about importance of the legislation for workers. However, the Conservatives were filibustering important legislation during the pandemic, and we witnessed that during the debate on Bill C-14. At the time, I indicated that the only way the House could see legislation passed was if the Conservatives were made to feel ashamed of their behaviour. I am pleased that it would appear as if the Conservatives saw the merit, through a bit of shaming, in allowing the bill to pass. It is important to recognize that.

If we review what has taken place during the week, there are some encouraging signs, at least from some of the opposition parties. However, that is not universally held. I am afraid that the Conservatives still feel obligated to play that destructive force on the floor of the House of Commons, and I will expand on that.

Bill C-24 would provide badly needed funds, essential funds, to thousands of Canadians in all regions of our country. To see how we should proceed, all we need to do is look at the desire and what we have seen this week. I will cite a few examples of that. The reason I am doing this is because I want to encourage members of the Conservative Party particularly to recognize the true value of legislation like Bill C-24, and it appears the member for Kildonan—St. Paul has recognized it, and to see the value in passing it.

The best example I can think of is something that took place yesterday. We had very important legislation, Bill C-7, which is literally on life and death, before us. Because we are in a minority situation, it does not take very much to prevent the government from passing legislation. However, in this situation, the Bloc, indicated that it supported the legislation and would assist the government to bring forward closure. Had we not received that support, we never would have been able to advance it through the House of Commons and people would have been denied the opportunity to have access to this through this legislation.

Earlier in the week, we also had some indication from my New Democratic friends about Bill C-5, important legislation that is not necessarily as direct as Bill C-24 is with respect to the pandemic. Quite possibly it could be somewhat of assistance indirectly during the pandemic.

In this situation, the New Democrats said that they would like to have unanimous consent to allow that additional debate and ultimately see Bill C-5 passed in the House. Of course, much like with the Bloc's suggestion, the Conservatives outright said that they did not want anything to do with it. Again, it is not to come across as not being grateful for the Conservatives recognizing the importance of Bill C-24, but it is more so to encourage the Conservative Party to look at what other opposition parties are doing to facilitate the passing of important legislation.

Bill C-24 was recognized the other day by the Conservatives when they stopped debate, allowing it to get out of second reading so it could go to committee. As a result, we are now at third reading stage today. We know that if the Conservative Party wanted to do more, it could.

For example, look at what the Conservatives did with the Canada-United Kingdom agreement, which is critically important legislation. It would have a direct impact, even during the coronavirus pandemic. The Conservatives requested unanimous consent for a motion with respect to the trade agreement, and we supported it.

It is important to recognize that my New Democratic friends, who have traditionally voted against anything related to expanding trade relations, also supported the motion to see the bill on the United Kingdom trade agreement pass through the House of Commons even though they opposed it. It is important to recognize that. The NDP and the Bloc have, on occasion, have recognized what I have been saying to the House for quite a while, which is that the behaviour of the Conservatives has not been favourable to the House of Commons in passing the legislation that is so badly needed to support Canadians during this difficult time. They have gone out of their way to frustrate the House of Commons and our desire to see important legislation like Bill C-24 passed.

I will continue to remind my Conservative friends that they have an important obligation to Canadians, as the government has since day one, to focus their attention not on an election, but rather supporting Canadians. One of the ways they can do that is by providing support on legislation such as this.

When I spoke on Bill C-24 earlier in the week, members of the Conservative Party were somewhat critical of me, saying that the government had just introduced the legislation so how could I expect them to pass it, implying that I was maybe not being as principled on enabling members to speak to important legislation. I want to assure members of the House that I have always been an advocate for members of Parliament to express themselves on legislation.

Many would say that I have no problem expressing myself on a wide variety of issues on the floor of the House. I am very grateful for the position that I have been put in by the Prime Minister and the support I get from my caucus colleagues. I often speak on behalf of many of my caucus colleagues in expressing frustration and in expressing support for initiatives that are being taken on the floor of the House of Commons.

The bill was introduced for the first time in February, and nothing would have prevented further discussion and additional debate if in fact—

Criminal CodeGovernment Orders

March 11th, 2021 / 8:05 p.m.


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The Deputy Speaker Bruce Stanton

It being 8:07 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the amendments tabled by the Senate to Bill C-7 now before the House.

The question is on the amendment.

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

Criminal CodeGovernment Orders

March 11th, 2021 / 7:55 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I support medical assistance in dying, and I know what I am talking about.

Thirteen years ago, when I was a member of the Quebec National Assembly, I was part of the group that spent six years studying medical assistance in dying. It took six years for Quebec to come up with a policy on MAID. I voted in favour of that policy.

Five years ago, I was part of the parliamentary team that brought together senators and members of the House of Commons to discuss the first version of MAID at the federal level. A few weeks ago, I voted in favour of Bill C-7 in the House, and I was not alone: 15 Conservative members voted in favour of Bill C-7, including men and women from Quebec, Ontario, Manitoba and Alberta.

I am in favour of MAID, and I am in favour of Bill C-7, but that is not what we are debating this evening. We are debating the senators' amendments to Bill C-7. The amendment we are most concerned about relates to the Senate's decision to open the door to MAID for people with mental illness. Quebec studied this issue for six years and never looked at the mental illness element. Five years ago in the House of Commons, mental illness was not part of the conversation. Mental illness was not a factor in the first iteration of Bill C-7. Even the current Minister of Justice told the parliamentary committee that there was no consensus around this issue in Canada.

Now some senators have decided to bring MAID for mental illness into the conversation without the notion ever having been debated or studied in the House of Commons, and the government is supporting the Senate's stance.

I am very surprised and disappointed because, earlier, the Minister of Justice said, “Canada is ready to accept this practice”. That is surprising. What is he basing that on? This is the same person who said a few weeks ago that there was no social consensus on the subject in Canada. Now, he is even saying that there is a consensus across Canada.

Everyone has the right to change their mind, but there is a way of doing that, particularly when the person in question is the Minister of Justice. Why did the minister not have, shall I say, the courage to address this issue in the original version? Why did he go through the Senate to say that we must move forward?

It is not just people like me who are concerned about this. Take, for example, the Toronto Star, which is not a very conservative group. An article on this issue in that newspaper said:

The potential for abuse is both obvious and frightening.

That was in the Toronto Star, but it gets better.

The Justice Department's own website still states the following regarding extending MAID to those whose only underlying condition is mental illness, which is precisely what the Senate amendment is all about:

...could be seen as undermining suicide prevention initiatives and normalizing death as a solution to many forms of suffering.

The Department of Justice still has that posted on its website. This is the department led by the same Minister of Justice who today said that Canadian society was ready for this practice and that there was a consensus in society.

This is all to say nothing of the many groups, such as first nations, that oppose this, much like a number of psychiatrists' and psychologists' associations, because, at this point in time, there is still no scientific proof that mental illness is irreversible, unlike the other issues associated with MAID and with which I agree.

I am even prepared to reopen the debate and allow for consent from people with incurable cognitive or neurological diseases, such as Alzheimer's or Parkinson's, which can cause terrible suffering. That is my opinion. I am open to that, but we all know people who have struggled with emotional or mental illnesses all their lives. These people have their ups and downs, and sometimes those downs are very low and may involve suicidal thoughts. Are we prepared to give them the option of medical assistance in dying in these circumstances?

As the Department of Justice website says, this could normalize “death as a solution to many forms of suffering.” Those are not my words. That is a quote from the Department of Justice.

In closing, there were a lot of questions suggesting that the Conservatives did not want to debate this bill. That is completely false.

First of all, the reason we are struggling to meet this very tight deadline is entirely the government's fault. It was the government that decided to prorogue Parliament for six weeks this summer, forcing the House to go back to square one with the review of this bill, which was already under way. The prorogation caused the House to lose 25 sitting days. What is more, the government dragged its feet. If this bill was so important to the government, it could have introduced it the day after the Speech from the Throne in September. Instead, this government waited seven days before introducing it. It dragged its feet, it took no action, and it is the government's fault we are late. That is where we are with Bill C-7.

Let us now talk about the Senate amendments. The Senate voted on a Wednesday evening. The very next day, we were prepared to debate the amendments, but first they needed to be brought before the House. However, the first thing the government did was say that the Conservatives were calling for an extension. We did no such thing. It was the government that requested an extension.

Rather than taking a stand and immediately tabling the Senate's amendments in the House, the government asked the court to extend the deadline. That was its choice and its right. This government accuses us of dragging our feet, and yet it took five full days to respond when everyone knew which amendments would be adopted and which would be declined. That was its right and its responsibility.

Twelve hours after the government tabled its proposal for the Senate amendments, the debate began in the House and lasted a full day. However, the government never put the debate on the Senate amendments back on the agenda for the subsequent regular sittings of the House. It could have done so on the following Wednesday, Thursday or Friday, or on Monday, Tuesday or Wednesday of this week, or even today. Instead, it decided to move a closure motion today. That is its right, I acknowledge that.

However, I take exception to people, and in particular the government, saying that the Conservatives do not want to have this debate. That is completely untrue. This is not a matter of politics or party allegiance. The Conservatives have some serious concerns about making medical assistance in dying available to people with mental illness. The NDP shares this point of view and is against the bill, so members need to stop saying that this is a right-wing opinion. Some people are in favour of the bill, while others are against it. That is all.

I was one of the 15 Conservative members who voted in favour of Bill C-7. I support medical assistance in dying, but not for people with mental illness.

In a few minutes, we will vote on the amendment proposed by the member for Leeds—Grenville—Thousand Islands and Rideau Lakes, which would remove the amendment that deals with mental illness and allow us to proceed with Bill C-7 as is.

I am calling on all parliamentarians: if they have any doubt whatsoever about MAID for people with mental illness, I am asking them to vote in favour of our amendment. They could then go on to vote for the rest. If they have any doubt, our amendment removes that provision and accepts the rest of Bill C-7.

Criminal CodeGovernment Orders

March 11th, 2021 / 7:40 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, I want to thank my colleague for her speech, which truly was a speech of hope. As always, it is a pleasure for me to stand today to speak for the citizens of Oshawa, but especially those who are most vulnerable, those who today may be at their lowest point. Hope is exactly what they need.

Today, we are commemorating a year since we have been locked down with COVID. I think of all of us here and in our constituencies. I think the increased mental health issues, the suicides, the anxiety and the overdose deaths. I feel so sad that today the government brought in closure for this bill. It is shutting down debate on Bill C-7, and the irony is not lost.

This is a substantially different bill than was originally debated in the House. It is substantially different from the bill that was studied in committee. It is substantially different because it opens up MAID, medical assistance in dying, to those with mental health issues.

Last month, many of us contributed to Bell Let's Talk Day. I remember being a parliamentary secretary when Bell started this initiative. Everyone was very supportive of it. I was so happy that Bell took this on. I applauded and supported them. In the House were saying to those who were suffering from mental health issues that their lives were important, and we all embraced that House.

Last night I was watching T.V. and I saw the commercial put out by CAMH. It was quite sad. It is a man who is sitting alone, and it talks about “not today“. It is about someone who is down and at his worst and needs that support. I do not know if members have seen it.

It is important that we get the opportunity to debate principles. If we look at our legal system, it is based on the principle that it is wrong to take an innocent human life. When the state is making an exception to this principle, it is incumbent that we are very careful. Why? Because the results are permanent and irreversible.

The original bill that was provided to the House had many things that the people Oshawa could support. However, substantial changes have been made by the Senate that would open MAID up to those with depression and mental health issues. I cannot support this changed bill. Frankly, I am extremely disappointed and upset with the government. The Liberals are not even allowing us to properly debate this new bill. They have invoked closure.

Today, the minister said that there was consensus, but that is simply not true. The minister said of the original bill that there was no consensus on MAID for people with mental illness. Instead of allowing committee to call witnesses affected by the bill, and the experts, the minister wants to push this bill through tonight and close down debate. He wants to pass this bill and then create a committee of experts to study the bill. This is exactly the opposite of the normal process of the House. We are here today making Canadians aware of that, because this is unprecedented. I have never heard of this before. It is almost like the government telling us to trust it, that it is going to do this, not to worry about it and to let us get this through. However, the minister and the government have a credibility issue.

I know I am challenging the minister, and I hope he questions me about it. He needs to make things clear. The original MAID bill was due for a legislative review after five years, which was supposed to happen last year. That did not happen. We know the government prorogued. We know it had the WE scandal it wanted to cover up. If it did not do its legislative duty for the original bill, how can Canadians trust the Liberals and the minister to follow through? Instead of challenging the Quebec court's decision, the minister did not even defend his own legislation, and I find this incredibly unusual.

We are talking about trust, and when people are depressed and at their lowest, they need a government they can trust. In Oshawa, we have one of the most prominent experts in palliative care. Her name is Gillian Gilchrist. She practised medicine for over 50 years. She started a palliative care clinic in 1981 and was the first chair. I called her today, and she told me that when people are on a cliff, they need someone to trust. They need someone to talk to. They need someone to care. They need someone to be there. They need someone to talk them down. She said our system needs more resources for people with mental health issues.

Proper medical care is expensive, but MAID is not. I heard the Liberals say today that no one is forced to choose MAID. However, we have heard colleagues today in the House, and I think some of our Bloc colleagues said over and over today, that we need more resources for health care. I would argue that we need more resources for mental health care, because when Liberals say that no one is forced to choose MAID, if there is no proper mental health help available and there is no one to talk to, no one to listen, no one to care and no one to say “not today”, I submit there is no choice. Until the government invests more in mental health care for that choice, the only option offered is MAID. How sad is that?

I am suggesting that the minister has to address his credibility problem. Today he said he has consensus for the bill, but in committee he said there is not consensus for MAID for people with mental health issues. I have a letter from Vulnerable Persons Standard. This letter has been signed by 129 organizations, which tells us that the minister does not have consensus.

The Liberals were mandated to do a legislative review of the original bill after five years. That would have been last year, but, as I said earlier, instead of doing what they were legislated to do, they prorogued to cover up a scandal because they have a credibility problem. I say they cannot be trusted to follow through on this one either.

This is not from Conservatives. Three United Nations experts have warned the minister that Bill C-7 will violate international human rights conventions to which Canada is a signatory, but the minister is closing down debate today. Canadian legal experts warned that Bill C-7 will violate the Convention on the Rights of Persons with Disabilities, but the minister is closing down debate today.

The people of Oshawa and the people of Canada expect us to debate these difficult issues and to study this bill at committee. This bill is sanctioning the taking of the life of someone who is mentally ill and the taking of someone's life when the mental health care system is not there for them, someone who is depressed, someone who is at their most vulnerable and someone who is reaching out to us for their voice and their life. What is more important than that?

Today I am sad because I fear our system will fail. It will fail Canadians with disabilities and with depression who want real choices. It will fail Canadians who want us to listen to their views, who want to be given the opportunity to hear from experts in committee, who want to make sure someone is there for Canadians with disabilities and depression to tell them “not today”.

Criminal CodeGovernment Orders

March 11th, 2021 / 7:35 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

Mr. Speaker, I point out that the issue of discrimination was squarely before the court in Truchon and the findings are exactly the opposite: that not making MAID available to those who are not at the end of life, including persons with disabilities, violated their competence, their autonomy and their dignity.

The second point is that scrutiny has been provided with respect to this bill. One hundred and thirty-nine MPs have spoken, and 45 hours of debate have occurred. On three separate occasions, given the opportunity to extend debate to discuss these very amendments, the Conservative Party turned it down.

Would the member opposite agree that it is entirely speculative to say that the only thing that will be offered to persons who are mentally ill is MAID, which I believe is what she effectively just stated, given the fact that even under the current regime of Bill C-7, prior to the Senate addressing it and working to amend it, there were already protocols in place, such that one must be informed of counselling, mental health supports, disability supports, community services and palliative care, and that those must have been discussed and appropriately considered?

Criminal CodeGovernment Orders

March 11th, 2021 / 7:25 p.m.


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Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Madam Speaker, I want to note that I will be splitting my time this evening with the member for Oshawa.

It is interesting that we are speaking to Bill C-7 today under these circumstances. As legislators, we have a very weighty responsibility to do our due diligence in considering legislation. We have a duty to Canadians and the constituents who elected us to thoroughly analyze and review the legislation that is passed in the House. When we are considering issues of life and death, that responsibility is only heightened, and it is absolutely reprehensible that the Liberal government is limiting debate on this legislation and hastily accepting amendments from the other chamber without due diligence.

When the House last debated Bill C-7, mental illness as the sole underlying condition was explicitly excluded from the eligibility criteria for accessing medically assisted death. The explanation to allow for it is therefore obviously significant. It requires additional scrutiny. It was not part of the justice committee's study of the legislation, and members of the committee did not have the opportunity to hear from mental health advocates on this expansion. There has not been an adequate parliamentary review of this change.

In addition to that, and of greater concern, there is no consensus in the medical community that mental illness should be considered irremediable. There is no consensus that MAID should be expanded to include persons with mental illness.

The Liberal government is amending this legislation at the end of the parliamentary process to, as I can imagine, avoid scrutiny by ramming it through the House. To proceed with this significant expansion of MAID would be absolutely reckless. This legislation endangers vulnerable Canadians and, frankly, we owe them better. We owe the one in five Canadians who struggle with mental health and mental illness better.

There are a range of effective treatments available for mental illness. However, we know that access to these treatments is limited. That is where the focus of the government should be. It should be focused on providing additional mental health supports, not recklessly expanding MAID.

The need to improve access to mental health supports has been even more pressing during the pandemic. We know that the pandemic is negatively impacting the mental health of many Canadians. We have heard about the impact that pandemic restrictions have had on the well-being of seniors in particular. Depression and loneliness are spiking, and I am reminded of the heartbreaking stories of seniors who chose MAID. They did this to avoid continued isolation during the pandemic.

To only offer a person MAID when they are at their most vulnerable point is indefensible. For those who have a mental illness, the only attainable tool in their tool box cannot be medically assisted death.

There is a serious and reasonable concern that expanding MAID to include persons with mental illness will undermine suicide prevention initiatives and recovery-based care efforts. In fact, the justice minister's own department has expressed that concern. This reckless amendment paves the way for Canadians suffering from mental illness to prematurely end their life.

We also cannot ignore the fact that this legislation continues to pre-empt the required parliamentary review of the existing MAID framework. The Liberal government's entire agenda of broadening access to medical assistance in dying in advance of that review is, on its own, deeply concerning. We have heard from persons with disabilities and medical professionals who have clearly stated that the expansion of MAID in Bill C-7 is dangerous and requires greater scrutiny.

As the Liberal government continues down this path of broadening access to MAID without ensuring proper access to appropriate care, it is actually eroding the value we place on human life. It is robbing a person of the opportunity to live with dignity.

Medical assistance in dying should not be a solution to all forms of suffering, but as the government broadens access to MAID to persons whose natural death is not reasonably foreseeable, we as a society are moving away from medical assistance in dying and ultimately toward medical-assisted suicide. The underlying message of moving in that direction is that death is a treatment for suffering.

It is my core belief that as a country, government, society and community, we have a responsibility and moral obligation to care for one another: to care for the elderly, the poor, the sick, those with disabilities and the vulnerable. We cannot sidestep our duty to care by offering death as a treatment for suffering. If the desired goal is to increase personal autonomy, we cannot accomplish that without meaningful choice. We certainly cannot do that at the expense of ensuring appropriate safeguards to protect vulnerable persons.

The united voice of disability advocates across the country who have come out in strong opposition to the bill should give all of us great pause. Shamefully, the Liberal government is not putting on the breaks. Rather, it is moving forward, full steam ahead, ignoring the serious concerns that this legislation is fast-tracking the deaths of persons with disabilities.

By removing the reasonably foreseeable death clause in the current MAID framework, this legislation opens MAID up to persons with disabilities who are not themselves when close to death. Simply put, this legislation is discriminatory and promotes ableist assumptions. Intended or not, it suggests that the lives of people with disabilities are not worth living. Instead of ensuring that a person with a disability has the accommodations and supports they need to thrive, it offers them medically assisted death as a solution.

This is particularly salient when we consider that concerns regarding a lack of appropriate safeguards for persons with disabilities in the existing MAID framework pre-existed this legislation. The former UN special rapporteur on the rights of persons with disabilities expressed concerns to the Liberal government on this very issue. She raised the issue that there were no protocols in place to ensure that a person with disabilities was offered viable alternatives to assisted death.

She recommended to the Liberal government that it investigate allegations that persons with disabilities were being pressured into seeking medical assistance in dying. She also recommended that safeguards be in place to ensure that persons with disabilities are not requesting MAID simply because there are no other appropriate alternatives available to them. These same concerns have been raised by disability advocates across the country. However, the justice minister and the Liberal government have not addressed them. Instead, they are removing and weakening the safeguards that were in place.

If we as a country offer MAID to the vulnerable while depriving them of adequate care and the resources to have a dignified, secure and healthy life, then we have failed them. We cannot pursue increasing personal autonomy at all costs. We cannot, in the name of autonomy, sacrifice safeguards for the vulnerable, undermine suicide prevention efforts, erode respect for human life and perpetuate negative stereotypes about age, abilities or illness. There has to be a balance.

Certainly, we cannot make decisions lightly without proper scrutiny and review, and that has not happened. The Liberal government has not allowed a parliamentary committee to hear from a single witness about expanding MAID to include those with mental illness. It is ignoring the pleas and serious concerns raised about this legislation. It has limited debate on it and continues to delay a mandated parliamentary review of the existing MAID framework.

I urge all members of the House to oppose the Liberal government's attempt to recklessly adopt significant amendments to this legislation in the final hours, and to oppose its efforts to steamroll these legislative changes through this place without proper scrutiny and care. Let us do our proper due diligence on this legislation. We owe that to all Canadians and the lives that hang in the balance.