The House is on summer break, scheduled to return Sept. 15

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) by broadening eligibility to those whose death is not reasonably foreseeable. It adjusts safeguards and allows waiving final consent in certain cases.

Liberal

  • Responds to court ruling: The bill responds to the Truchon court decision by removing the reasonably foreseeable natural death criterion and expanding eligibility for medical assistance in dying.
  • Implements two-track safeguards: The legislation creates two sets of safeguards based on whether natural death is reasonably foreseeable, with additional protections for those whose death is not foreseeable.
  • Allows waiver of final consent: For those whose death is reasonably foreseeable and who risk losing capacity, the bill allows waiving final consent to prevent premature access to MAID.
  • Excludes mental illness alone: The bill excludes mental illness as the sole underlying medical condition for eligibility, noting the complexity and need for further study.

Conservative

  • Criticize rushed legislative process: Conservatives criticize the government for not appealing the Quebec court's Truchon decision and for rushing significant changes beyond the court ruling without a proper parliamentary review.
  • Bill endangers vulnerable Canadians: Members express serious concern that removing safeguards puts vulnerable persons, especially those with disabilities, the elderly, and the mentally ill, at increased risk.
  • Protect conscience rights and palliative care: The party emphasizes the need to protect the conscience rights of medical professionals and institutions and to improve access to quality palliative care as an alternative.

NDP

  • Supports bill C-7: The NDP supports Bill C-7 to amend the current law, which they found too restrictive, to end unnecessary suffering and comply with the Quebec Superior Court decision.
  • Calls for broader review: They insist on proceeding with the mandated broader legislative review of MAID in parallel with Bill C-7, covering topics like advance requests and mature minors.
  • Address concerns and improve care: They acknowledge concerns regarding safeguards and vulnerable persons, stating these should be addressed in the broader review, and emphasize the critical need for better support for people with disabilities and improved palliative care.

Bloc

  • Supports bill C-7 principle: The Bloc Québécois supports the principle of Bill C-7 as it clarifies access to medical assistance in dying, particularly for those not nearing the end of life, addressing a court ruling.
  • Upholds individual autonomy: Members stress that the state must not interfere with an individual's autonomy and self-determination regarding their own death, especially for those suffering intolerably.
  • Corrects prior law limitations: The bill addresses the "reasonably foreseeable natural death" criterion struck down by the court, allowing access for individuals with incurable suffering even if death is not imminent.
  • Calls for further amendments: The party seeks improvements like including advance consent for predictable cognitive decline and reconsidering the 10-day waiting period for foreseeable death cases.

Green

  • Fixes flaws in previous law: The bill is urgent and necessary to correct previous legislation (Bill C-14) that failed to meet constitutional requirements and left individuals like Audrey Parker suffering.
  • Allows for advance directives: The party supports the bill for allowing advance directives and removing the requirement for individuals to be competent at the time of the procedure.
  • Upholds charter rights: Members believe the bill upholds the Charter of Rights and Freedoms by protecting security of the person and bodily autonomy for individuals seeking dignity in dying.
Was this summary helpful and accurate?

Criminal CodeGovernment Orders

October 19th, 2020 / 11:35 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Speaker, we know that the member for Sarnia—Lambton put forward a bill and worked with the late honourable Mark Warawa on palliative care. We can do both. We can walk and chew gum, and we should increase our efforts in palliative care.

My Aunt Catherine passed away in hospice. It was a very important time for her family to be there and celebrate her life, but we have to recognize that not everyone has these options. Palliative care is something we should be working on, and the member is right that we should be doing both.

Criminal CodeGovernment Orders

October 19th, 2020 / 11:35 a.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, it is so wonderful to hear the member for Elgin—Middlesex—London bring in the human element that is so critical to this debate.

One of the challenges created by the current medical assistance in dying legislation is the requirement for final consent at the time the assistance is rendered. This forces patients to make a cruel choice when faced with a possible loss of competence that would make them unable to give consent. They are forced to either go earlier or risk not being able to receive the assistance they need.

Audrey Parker campaigned to make Canadians aware of this problem, and Bill C-7 would fix it by creating a waiver of final consent. I would ask the member this: Do the Conservatives support Audrey's amendment, which would help those facing the end of life to avoid this cruel choice?

Criminal CodeGovernment Orders

October 19th, 2020 / 11:35 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Speaker, I am very fortunate to be in a caucus where these issues are discussed and where we all have different ideas. I know where I stand, but I may be different than my neighbours on both sides. One just does not know. However, everybody should have the opportunity to have those discussions.

Criminal CodeGovernment Orders

October 19th, 2020 / 11:35 a.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I am pleased to rise today, but I find it difficult to be speaking to another attempt by the Liberal government to endanger the most vulnerable in our society.

After just four years, when the original euthanasia and assisted suicide legislation came in through Bill C-14, we find ourselves considering legislation that would further loosen restrictions, eliminate safeguards and confuse our country's understanding of the sanctity of life and the government's role in end-of-life decisions. Once again, we have been told that in order to uphold the charter rights of some we must endanger the rights and freedoms of others.

I did not support Bill C-14 for many reasons. The first is the fact that the Supreme Court of Canada invoked such controversial and flawed legislation, which has been proven to be poorly applied around the world. The Liberals also chose to broaden the scope of the legislation, going far beyond the Carter decision. Another reason is that it has been placed ahead of and continues to overshadow any significant palliative care initiative.

In 2019, the Prime Minister promised to expand eligibility criteria, and on September 11 of last year, the Superior Court of Quebec ruled that it is unconstitutional to limit assisted suicide or euthanasia only to those whose death is reasonably foreseeable. Without even appealing the ruling and seeking the advice of the Supreme Court, which has been long occupied with this matter, the Liberals accepted the ruling. They are now rushing to change the law for our entire country.

They gave Canadians a mere two weeks to have their views heard on this deeply personal and complicated issue through a flawed online consultation questionnaire. The use of convoluted and biased language left little to the imagination in terms of how the government planned to legislate assisted death. I too tried to fill it out, and I would argue that many opposed would have been discouraged in participating due solely to the language used.

With such a flawed method, and with no idea if the feedback even remotely reflects the actual views of Canadians, how can the government proceed with this legislation in good faith? This is a rhetorical question because it does not seem to matter to these Liberals. It is clear they used this brief window for feedback to satiate the need for a consultative process.

We also know the government ignored its own timeline for a review of the original assisted suicide legislation, Bill C-14. It was planned for this summer, and instead, we have been presented with this reckless legislation. In the midst of COVID, this was still something very important. Without a proper review and without input from the Supreme Court, this House has been asked to greatly broaden the scope of assisted suicide and euthanasia without a clear enough understanding of whether the current regime is being consistently interpreted or properly enforced.

Bill C-7 is being rushed through. This is concerning. When reading through this bill, I see elements that go beyond the scope of the Superior Court of Quebec's decision, namely, Bill C-7 would eliminate the 10-day waiting period between the date the request is signed and the day on which the procedure is carried out.

The application of the law pertaining to those whose death is reasonably foreseeable has been problematic from the very start of this debate. We know a person's reasonably foreseeable death is a flexible estimation, taking into account all of their medical circumstances, without a prognosis necessarily having been made as to the specific length of time they have remaining. The elimination of the 10-day waiting period for persons whose death is reasonably foreseeable would create the conditions for someone with an indeterminate length of time remaining in their life, possibly years, to be rushed to the decision to receive assisted suicide and euthanasia.

Aside from simply eliminating what most Canadians would consider to be a reasonable period of reflection, this element of the bill also ignores the possibility of medical advances and improved treatment methods in an incredibly innovative medical science environment. As Cardinal Collins has said, Bill C-7 creates the conditions where an individual can seek a medically assisted death faster than the wait time for a gym membership or a condominium purchase.

I also see no logical reason why the government would reduce the number of independent witnesses required for when the request is signed. It is down from two to one. The government has even relaxed the definition of someone who may serve as a witness, including medical professionals or personal care workers, even those who are paid to provide euthanasia and assisted suicide on a daily basis. This is in clause 1(8).

Surely we can agree that, for the vast majority of those requesting euthanasia and assisted suicide, the requirement for two independent individuals to witness a request to end a life is a reasonable safeguard. How do the Liberals plan to properly protect patients from potential malpractice? How does the government plan on ensuring requesters are presented with a myriad of treatment options rather than just one opinion?

The legislation continues as a series of safeguards the medical practitioner must adhere to before providing assisted suicide to those whose death is not reasonably foreseeable. One of these safeguards would require a medical practitioner to discuss with the person the means available to relieve their suffering, including palliative care.

The safeguard is even weaker for those whose death is reasonably foreseeable, requiring the medical practitioner to merely inform the person of these vital options. The government failed to follow through on its promise to invest $3 billion in long-term care, which includes palliative care. There does not appear to be any political will whatsoever to improve palliative care.

Canadians have also been calling on the government for a long-awaited national strategy for palliative care. There is a thirst among Canadians for real solutions to end-of-life care. The government seems all too willing to ignore the 70% of Canadians without access to palliative care and, instead, attempts to impose on them a flawed, one-size-fits-all regime. We can already see the consequences of pushing forward an assisted dying agenda when there is little regard for palliative care.

In British Columbia, the Delta Hospice Society was stripped of 94% of its operating budget for refusing to provide euthanasia in a facility intended for the provision of palliative care. Despite repeated attempts to defend its Charter-protected, faith-based objection to being required to provide euthanasia and reach a compromise in good faith, 10 hospice care beds are now at risk and will be surely defunded.

Why do the Liberals continue to ignore the voices of those who have a different perspective on the issue of end-of-life care? People who seek hospice care are seeking it for a reason. They do not desire a medically assisted death. In effect, what has happened in B.C. is an attempt to redefine what constitutes palliative care.

In fact, the Fraser Health Authority's decision flies in the face of the Canadian Society of Palliative Care Physicians, which has clarified that euthanasia and assisted suicide are distinct from palliative care. I caution Canadians not to regard the Delta Hospice Society's situation as an isolated one. The government has shown little interest in supporting hospice care, and I would not be surprised by further attacks on the ability of Canadians to chose to end their lives naturally.

In The Globe and Mail, Sarah Gray put it well, stating, “The hospice isn’t a place where people come to die. It is where they come to live — to live well for the little time they have left. It is a place of celebration, connection, comfort and support. It is a place of safety for the dying and the grieving.” In Cardinal Collins' words, let us work to create a “culture of care”, rather than rush toward a culture of “death on demand”.

The government would also be wise to recall that much of the debate on Bill C-14 revolved around calls for a solid framework of conscience protection for medical practitioners involved throughout the end-of-life process. At committee, witnesses stated that the protection of conscience should be included in the government's legislative response to Carter v. Canada.

The Canadian Medical Association confirmed conscience protection for physicians would not affect access to physician-assisted suicide or euthanasia. Its statistics indicated that 30% of physicians across Canada, or 24,000, are willing to provide it. I live in a rural area of Canada, and I can assure members there are many provisions that are not available to me directly where I live.

Unfortunately, the Liberals failed to defend the conscience rights of Canadians in Bill C-14. I also found it disappointing that they failed to support, in the last Parliament, critical legislation put forward by David Anderson in Bill C-418, the protection of freedom of conscience act. It would have made it a criminal offence to intimidate or force a medical professional to be involved in the procedure. It would also have made it a criminal offence to fire or refuse to employ a medical professional who refuses to take part directly or indirectly in MAID.

Here we are four years later, and Bill C-7 is also void of any provisions that would protect the section 2 rights of Canadians. In Canada, everyone has freedom of conscience and religion under section 2 of the Canadian Charter of Rights and Freedoms. No one has the right to demand all services from all providers in all circumstances. As David stated, protections are needed for doctors and health care providers who are not willing to leave their core ethics behind when they are at a patient's bedside. Access to euthanasia and conscientious objection are not mutually exclusive.

We, as legislators, must ask ourselves where the Liberals will draw the line. There will always be the voices of those in our society who feel that the limitations and safeguards are too stringent. When will it be enough for the Liberal government? How far are they willing to go? What message are we sending to the most vulnerable and fragile in our society?

Over the last five years I have advocated for our veterans. I know there are countless veterans who appear able to cope with debilitating physical injuries, but they are extremely vulnerable in their mental health. We are all concerned about the number of them choosing to end their lives by suicide because of complications after serving our country. It is antithetical to try to prevent them from taking their own lives, yet tell them that there are government-designed opportunities to do so.

Bill C-7 fails to provide conscience protection, fails to protect the vulnerable and fails to fulfill the need—

Criminal CodeGovernment Orders

October 19th, 2020 / 11:45 a.m.

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

Questions and comments, the hon. member for Guelph.

Criminal CodeGovernment Orders

October 19th, 2020 / 11:45 a.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, unfortunately I found a lot of partisan comments in the member's intervention in contrast to the comments from the member for Elgin—Middlesex—London. This as a non-partisan issue.

I was visiting businesses in downtown Guelph this morning and I spoke with one of the business owners. He talked about his parents in England, how they had gone through this choice and how other countries provided ways in which people who faced death could control their exit through proper legislation.

I wonder if the member could comment on getting the personal comments directly from people who face those choices, even posthumously, as the member for Elgin—Middlesex—London presented to us, and should we should be looking at including those comments in the committee's study should we be able to get the bill to committee?

Criminal CodeGovernment Orders

October 19th, 2020 / 11:50 a.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I would disagree with the member's comments. I totally agree with the member for Elgin—Middlesex—London. We are on the same page on this.

That being said, we have approached it from two different perspectives. On the personal side, I hear those things all the time. The concern is that at what point do we come to a decision on what the responsibility of the government is. I understand we want choice, but the problem is that there are not enough safeguards for those individuals, where it is creeping into a sense that their rights and privileges under the charter are being challenged. That is what I expressed here. Right now we are at the place where we are the line between those who want a certain thing and those who do not. Someone's rights will be trampled if we do not deal with this very carefully.

Criminal CodeGovernment Orders

October 19th, 2020 / 11:50 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, as citizens, we should all agree that it is important to prevent needless suffering at end of life and that it should be up to individuals to decide how they want to end their lives with dignity. However, we also need a legal framework to ensure that doctors can act within the law without being faulted after the fact for having helped someone end their life.

Would my colleague not agree that doctors need a legal framework to be able to do this work?

Criminal CodeGovernment Orders

October 19th, 2020 / 11:50 a.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, a legal framework was presented in Bill C-14. However, the Canadian Society of Palliative Care Physicians has said that there is creep where palliative care facilities are being shut down because the physicians do not feel they should be providing assisted suicide or euthanasia, and their rights are being trampled upon. Many people in our country choose not to go that route. Their rights and their protections need to be in place as well.

That is why we need a better focus on palliative care. We cannot say that we are giving people an option when people do not have an option. The government committed to a national strategy on palliative care and it is our responsibility as national legislators to make it very clear that palliative care is distinct from euthanasia.

Criminal CodeGovernment Orders

October 19th, 2020 / 11:50 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Madam Speaker, I definitely am in full support of my hon. colleague's very moving remarks. A disability advocate called my office this past week. She was very concerned about watering down protections for vulnerable people by removing the requirements on physicians and having a physician who specializes in the area being involved.

Is there any provision for social workers to be involved? Frankly, physicians are not always equipped to recognize when there might be undue family pressure or other intersectional pressures being put on the patient to make an assisted-death call. What are my hon. colleague's thoughts on that?

Criminal CodeGovernment Orders

October 19th, 2020 / 11:50 a.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, there needs to be clarity in that regard. We are hearing stories, but, as was mentioned, these things are not being brought forward and prosecuted or there are not enough safeguards in place to ensure people are not being coerced in that way. I have had individuals come to me in tears over that very issue. It is becoming commonplace that this is naturally something that is offered to a lot of individuals who are in end-of-life scenarios.

Palliative care is an opportunity for individuals to live their life thoroughly to the end, along with their family. When individuals make that choice, they should not be coerced. We really need to be careful of this.

Criminal CodeGovernment Orders

October 19th, 2020 / 11:50 a.m.

Mount Royal Québec

Liberal

Anthony Housefather LiberalParliamentary Secretary to the Minister of Labour

Madam Speaker, I will be sharing my time with the hon. member for Oakville North—Burlington.

This is a very difficult bill and subject for us to deal with. In this case, the sanctity of life, something that all of us cherish, conflicts with the liberty interests protected under section 7 of the charter. This is one of those difficult times where we have to recognize that our own religious views, our own moral views are not the ones we can simply impose on Canadians. We have to recognize that charter rights are sacrosanct. Sometimes, as a member, those are difficult moments.

I personally have said before that I would not choose medically assisted dying for myself. Nor would I encourage family members to avail themselves of the opportunity for medically assisted dying. However, I also fully respect the right of every Canadian to choose for his or herself whether this right should be exercised personally.

In the Carter decision, the Supreme Court of Canada upheld that under section 7 of the charter, there was a certain subgroup of Canadians whose liberty interests were violated by the existing provisions in the Criminal Code on not assisting someone to commit suicide. The Supreme Court in Carter told us that there was a subsection of Canadians, those who were in constant enduring pain and suffering that could not be alleviated by medical treatment reasonably acceptable to them, who had the right to have their death hastened by having medical professionals assist them in doing so.

In the last Parliament, our government brought in Bill C-14. I had the privilege of being the chairman of the Standing Committee on Justice and Human Rights. We heard from a great cross-section of Canadians. We heard from those who represented the disabled community and those who believed in the right to die with dignity. We heard from members of the clergy from all faiths. We heard from university professors, lawyers and doctors. We heard from a great cross-section of Canadians who had very diverse and different opinions.

What we tried to do was craft a law that brought Canadian society together, that protected the vulnerable but yet still afforded everyone the right that the Supreme Court had recognized in Carter, which was the right to decide for one's self whether to terminate one's life in the event he or she was in enduring pain and suffering that could not be alleviated by medical treatment reasonably acceptable to that person.

As well, we had to recognize that when we dealt with the Carter decision in Bill C-14, Canada was at the beginning of a list of countries dealing with medically assisted dying. There were very few countries in the world that had gone where Canada was going. Belgium, Holland, Uruguay and a few American states were, but that was it. Canadian society needed to come to terms with medically assisted dying and learn more about the process before we went too far.

That is why, at the time, I supported a clause in the bill that said that medically assisted dying was limited to those whose end of their natural life was reasonably foreseeable. However, we knew that would change over time and that as Canadian society looked at the experience of medically assisted dying, the bill would come back for review before Parliament and would need to change.

At the justice committee, we proposed a number of important amendments to that bill. We inserted, by unanimous agreement at the committee, conscience rights to ensure that the doctors, nurses and pharmacists whose own beliefs would be offended by medically assisted dying were not compelled to participate in the process. We said that Parliament would need to review some subjects that we were not dealing with, such as the issue of mental illness on its own; the issue of mature minors; and, probably most important, the issue of advance directives for those suffering with dementia.

We also adopted a motion that palliative care had to be part of that review. People should have their death hastened because palliative care treatment is not available to them in Canada.

This bill takes the medically assisted dying regime, Bill C-14, a step further based on the Truchon decision. It held that the provisions we had put in the law about reasonably foreseeable death were not constitutional and that a subgroup of Canadians who may have many more years to live but were in constant pain, enduring interminable suffering, and could not have that alleviated by medical treatment reasonable acceptable to them also had the right to medically assisted dying.

This bill establishes that this group of people also have the right to medically assisted death in Canada, but also imposes additional safeguards on them, namely a 90-day waiting period. We understand that certain people, for example, may suffer a traumatic injury and need time to consider all their options and come to terms with their situation before finally going through with a medically assisted death.

Also, based on the Canadian experience, we are amending the bill to allow certain Canadians who are about to lose their ability to offer agreement to medically assisted dying, because they have lost their capacity to consent, to do an advance consent.

Some Canadians want to access medical assistance in dying knowing that they may still have a few more weeks to live. The only reason they want to access it sooner is that they do not want to lose their capacity to consent to medical assistance in dying.

Personally, I want these people to be able to continue to live and spend those last few weeks with their families. I do not want them to end their lives prematurely because they are worried about losing their capacity to consent to the procedure.

The amendment to the law, this bill that is before us, gives hope to this group. These people will have permission to sign a contract with their doctor indicating that they want to put an end to their life on a specific date, even if they lose the capacity to consent to medical assistance in dying in the meantime.

However, there is still a safeguard in the sense that if people who have lost their capacity to consent show through any action or words that they no longer wish to end their life, the doctor must then stop the procedure.

I strongly support the bill. I think Canadian society has evolved with respect to how we see medically assisted dying. As Canadians, we now have seen where the procedure works and where it does not work. We have seen which groups have been positively impacted and which groups have been left out and where we can improve on the procedure.

Following a great deal of consultation and national interest and seeing a change in how Canadian opinion sees medically assisted dying, this bill is the right one at the right time.

Criminal CodeGovernment Orders

October 19th, 2020 / noon

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I had the privilege of serving with the hon. member for Mount Royal on the justice committee when we studied Bill C-14

The member rightfully talked about the process in which we heard from a diverse range of viewpoints. It is ironic that this legislation circumvents that opportunity to hear from a diverse range of viewpoints by pre-empting a legislative review, which should have started in June.

The hon. member will know that this decision goes well beyond the scope of the Truchon decision. One such area is with respect to advance consent, to which he alluded. Arguably this goes beyond the scope of the Carter decision inasmuch as Carter stated not once, not twice but on three occasions that a patient must clearly consent.

How can the hon. member defend that with respect to legislation that arguably goes beyond the scope of Carter? How can consent be truly meaningful if it is not contemporaneous?

Criminal CodeGovernment Orders

October 19th, 2020 / noon

Liberal

Anthony Housefather Liberal Mount Royal, QC

Madam Speaker, I want to say how much I enjoyed serving with my hon. colleague from St. Albert—Edmonton. He always brings a great deal of intelligence and rational thought to these situations.

First, as the House knows, the government and Parliament are not limited to simply creating a law that repeats the Carter decision; Parliament is perfectly entitled to go forward further and protect liberty interests that were not recognized in Carter. Nobody excludes the right of Parliament to go further than Carter.

Second, I believe that the legislative review on the subjects that we were supposed to review will continue to proceed. This law is a separate piece of legislation dealing with other subjects.

Finally, I would say that, regarding the issue of capacity to consent in advance to medically assisted dying, this is simply for somebody whose death is already foreseeable, coming up in the very near term, to agree with their doctor to end their life if they have lost the capacity to consent to further prolong their life, because otherwise they would make that decision more prematurely. I support it for that reason.

Criminal CodeGovernment Orders

October 19th, 2020 / 12:05 p.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, the Bloc Québécois agrees with the proposed amendments and welcomes them.

The issue that has not been addressed and that I think is important is advance consent. I would like to know where my colleague stands on that issue.

Would it not be a good idea for people who meet the criteria set out in the act to be able to give their consent in advance, as we do with organ donation, in the event that they are diagnosed with a degenerative disease? Is that an issue that was examined? If so, what is my colleague's position on that?