An Act to amend An Act to amend the Criminal Code (medical assistance in dying)

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill.

This enactment amends An Act to amend the Criminal Code (medical assistance in dying) to delay, until March 17, 2024, the repeal of the exclusion from eligibility for receiving medical assistance in dying in circumstances where the sole underlying medical condition identified in support of the request for medical assistance in dying is a mental illness.

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-39s:

C-39 (2017) An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts
C-39 (2014) Law Appropriation Act No.3 , 2014-15
C-39 (2012) Law Restoring Rail Service Act
C-39 (2010) Ending Early Release for Criminals and Increasing Offender Accountability Act
C-39 (2009) Law An Act to amend the Judges Act
C-39 (2007) An Act to amend the Canada Grain Act, chapter 22 of the Statutes of Canada, 1998 and chapter 25 of the Statutes of Canada, 2004

Criminal CodeGovernment Orders

February 13th, 2023 / 9:20 p.m.

Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Mr. Speaker, that is difficult. I think the challenge with trying to come up with something at committee is the limitations of committee. Witnesses come, give a five-minute intervention, and we have a five or six-minute opportunity to question. Quite frankly, on an issue like this, I just do not think that is going to do it.

We need professors of psychiatry from well-renowned universities putting in the guardrails to protect Canadians by telling us what those are, and the government has to listen.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:20 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I am thankful for the opportunity this evening to speak to Bill C-39.

At the outset, I believe it is important, first of all, that my constituents know that this bill is not a complicated one. It does not propose anything new to Canada’s euthanasia laws, nor does it propose to appeal laws that are currently in place. This is a simple bill that delays the expansion of medical assistance in dying to those living with mental illness by 12 months, one year. On those grounds, Conservatives support its swift passage, but only as a temporary solution.

However, this bill is what happens when a government moves too fast, too aggressively, and fails to take into account the pleas of experts and everyday Canadians living with mental illness and family members living with them. These Canadians include our family members, our friends, our neighbours and our co-workers. They live with mental illness that, to them, should not be a death sentence. They see the provision of MAID for their illness as yet another step along the road to devaluing life in this country. They know it is not going to accomplish anything to end stigma around mental illness, and they know that it puts vulnerable Canadians from all walks of life with illness seen and unseen at risk.

That is why this bill is little comfort to me and to Canadians at large. The extension of assisted death to mental illness must not just be delayed; it must be scrapped completely.

Assisted death has been a highly emotional issue since this place first considered its legalization in 2016. It was the first bill that I debated in this House. Debate has been passionate due to our personal experiences, personal beliefs and convictions on what constitutes dignity in end-of-life decisions. However, today’s debate takes on an even greater heaviness in that respect.

Statistics indicate that one in two Canadians by age 40 has or has had a mental illness. The chances are even greater for young people, and among those who have answered surveys on the topic, respondents report that they would be three times less likely to disclose a mental illness than a physical one, like cancer. The numbers are grim but paint a realistic picture of mental health as it relates to all Canadians. It is universal. No one is immune to life’s difficulties, whether in the short or the long term. That is precisely why stakeholders are asking the government to show true compassion by reconsidering an expansion of MAID to those with wounds that are largely unseen.

The Canadian Mental Health Association points to socio-demographic factors beyond age, education and income levels as driving forces behind a request for MAID. Racism, poverty, homelessness and gender-based violence have harmful effects on mental health and symptoms of mental illness. Over these past couple of years, we can tell too that isolation, persecution for one's beliefs and hopelessness impact our mental health.

The Ontario Hospital Association is clear that these complex issues must be addressed through appropriate legal safeguards, coupled with societal supports, before assisted death expansion is considered. On the other hand, I believe that we must consider the realities of mental health in Canada among certain groups close to my heart and why expansion must never be entertained.

This summer, Canadians were shocked to learn that a Canadian Armed Forces veteran struggling with PTSD and a brain injury was repeatedly advised of MAID as a solution to his suffering by a Veterans Affairs Canada employee. The veteran had never inquired about MAID, but even after asking the VAC employee to stop pressuring him over and over again, the employee persisted. We know that veterans face a greater risk of suicide compared to the average population. It is truly frightening to know that instead of facilitating the most appropriate care available, this public servant chose to repeatedly suggest MAID as a solution to suffering. This frightens me to know, and I wonder how often this kind of advice has led to tragic consequences.

Debbie Lowther of VETS Canada said that it is like planting a seed within someone who is already struggling with their mental health or may even be contemplating suicide. No matter how isolated the Veterans Affairs issue may be purported to be, and I do not believe it is, it is clearly a result of the government’s attempts to muddy the waters on suicide. It did a lot to draw Canadians’ attention to the normalization of assisted death in this country and just how rapidly it is becoming a “fix-all” solution, not just for end-of-life issues but for treatable illnesses among vulnerable people. When accessing an assisted death takes less time than accessing disability benefits for our veterans, we are completely failing them. Sadly, veterans are not alone in this respect.

Some Ontarians, for example, face multi-year wait times for special mental health care. That is years of living with mental health issues when they could be receiving treatment. Why are they not? We need to ask ourselves that question. Disability advocates have been crystal clear with this government for years that Canadians do not have access to all the supports that they need and deserve and are even available.

In a piece in the Hill Times this past week, Spencer van Vloten of BC Disability is correct when he states that, “too much time is spent considering who should die, rather than how to help people live.” He goes on to note all-time highs in wait times, nearly 30 weeks, for those seeking mental health treatment.

To paraphrase one disability rights advocate, those living with treatable illnesses likely would not put MAID anywhere near the top of their list if they had unimpeded access to support and treatment.

Indigenous Canadians also face an increased risk of preventable harm as MAID becomes more accessible. Tyler White, CEO of Siksika Health Services noted that, “Indigenous elders work hard to tell young people that suicide should not be an option, and the medical assistance in dying (MAID) bill [Bill C-7 in this case] says the opposite.”

Many indigenous Canadians can speak to negative experiences with the health care system, including procedures that were done against their will. It is my belief that an assisted death regime, with ever-expanding boundaries and ever-diminishing safeguards, will not help to heal mistrust. It will only worsen it for our indigenous people, our veterans and those with disabilities.

It comes down to this simple fact: The same majority of Canadians who desire empowerment in their end-of-life decisions want Parliament to carefully weigh the risks of MAID for those living with mental health issues, such as depression. Sixty-nine percent fear that depressed individuals could see MAID as a means to escape dealing with the underlying causes of their condition. The experts say they can, over time, deal with those conditions.

The slippery slope does exist, and Canada is spinning out of control. We have to apply the brakes here. We are not only listening to those who will personally be affected by these laws, but we also need to take lessons. I know this government says, “We take no lesson”. Well, do not take them from us then, take them from jurisdictions with a long-standing MAID regime for mental illness.

In Belgium and the Netherlands, MAID laws once limited to mentally competent, terminally ill adults now include adults and children with mental deficiencies, severely disabled individuals, and those with treatable psychiatric conditions such as anorexia and depression. Between 2012 and 2017, the Netherlands alone saw a 600% increase in euthanasia which was sought to address psychiatric conditions; conditions that the experts say cannot be determined to be irremediable.

So, this government has made a choice. This minister has claimed that this is only a pause. It cannot claim as a government that it stands as a champion for mental health treatment while simultaneously cheapening the value of that treatment and, indeed, human life itself.

The minister claims that MAID expansion can be done safely, but experts have been clear that expanding eligibility of medical assistance in dying to Canadians living with mental illness cannot be done safely. It is impossible to determine irremediability in individual cases of mental illness. This expansion will only blur the lines further between suicide assistance and suicide prevention.

Canadians cannot trust this Liberal and NDP government to protect the lives of our most vulnerable, including those who are simply asking for a hand in the seasons of need. Every action they have used for MAID since 2015 has achieved the opposite.

So, let us not further stigmatize those with mental illness by placing euthanasia ahead of other solutions. We need to reject a culture of death on demand and instead let us make Canada a champion for suicide prevention at all stages of life.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:30 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is somewhat offensive to even give an impression that we want death on demand, or that any member of the House of Commons would want death on demand. That is really quite an extreme statement.

As a government, we have invested an immense amount of resources towards mental health, far more than previous governments.

I do want to address one issue. When an agent of veterans affairs, a civil servant made that recommendation, I think it greatly offended every member of the House of Commons. My understanding is that that person is no longer talking to veterans.

I am wondering if the member would provide this clarification. Would she not agree, whether it is a veterans' agent or individuals who do not have the authority to even deal with the issue of MAID, they should not be recommending, in any circumstances, that MAID be—

Criminal CodeGovernment Orders

February 13th, 2023 / 9:30 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member for Yorkton—Melville.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:30 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, the truth of the matter is that this issue exposed something that is happening in our society, and it is happening without oversight.

When the previous minister of justice indicated in the House that the first bill on assisted suicide, or MAID, had to be studied extensively before we moved forward with any other considerations, the government just flew right by that and immediately brought in another piece of legislation that, again, has opened it up.

I am sorry, but I do not know how much closer to death on demand it can get when a veteran is told that by someone. Yes, it was illegal, doing what they did to even suggest it because it was out of their purview. To open it up to that point is to say to someone, “You know what, with all of your issues, this would be a better alternative to your life.”

Criminal CodeGovernment Orders

February 13th, 2023 / 9:35 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, my colleague said something, a quote that I think is haunting, profound and accurate. She quoted someone who said that we spend too much time helping people to die and not enough time helping people to live. For a government member to try to diminish what happened with veterans affairs, I find that disgusting.

I was wondering if my colleague would like to take a little more time talking about some of the really good things that she mentioned that the Canadian government should be doing to help people to live, as opposed to this measure that is front of us, which should never have been contemplated.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:35 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, there is so much that is being left on the table in the back room, I do not know where, that is not being done, and it raises doubts in veterans' minds as to the true intent of the government in truly meeting their needs. I am serious.

We have a backlog that continues to grow, while the minister is talking about the billions of dollars we are throwing at this, and it is the same with mental health, yet things are not improving. They are getting worse.

We have a responsibility in the House to do everything we can to make life valuable. We should have top-notch palliative care across the entire nation. We should be taking care of our veterans from the moment they enlist until the moment they are successful in a civilian life after they are done serving. There are so many things that could be done by the government.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:35 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, notwithstanding the many leading psychiatrists who have made it very clear that this expansion cannot be implemented safely, and notwithstanding the Association of Chairs of Psychiatry calling on the government to stop this expansion, the Minister of Justice, even though he has moved this bill forward, has actually said that the government could have gone ahead with this anyhow, notwithstanding that irremediability, suicidality and other legal and clinical issues remain unresolved. Does this not speak to the degree with which this minister is blinded by ideology—

Criminal CodeGovernment Orders

February 13th, 2023 / 9:35 p.m.

The Assistant Deputy Speaker Carol Hughes

That was not quite a short question, but if the hon. member could give a short answer, that would be great.

The hon. member for Yorkton—Melville.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:35 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, the truth of the matter is that the minister has shown his hand. He has no intention of not making this law come into effect. That is where Canadians have drawn the line.

The reason they have stalled is because they realize they are not reflecting the values and the desires of the majority of Canadians. For once, I would love to see the Liberals function as a government on behalf of Canadians.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:35 p.m.

Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, as we have heard this evening and throughout the day, there is no question that this is a personal issue for many of the representatives in this chamber. I can speak to that as well. When the legislation for MAID first came up two parliaments ago, I held a number of open houses and town halls in my riding, and I have never had a larger turnout than I did for doctor-assisted dying.

In fact, my colleague, whom I have a great deal of respect for, the member for St. Albert—Edmonton, attended one of those open houses to help explain and walk my constituents through what this legislation meant. The biggest concern and biggest worry for my constituents at that time was the lack of strong and strict safeguards for the expansion of access to MAID. Certainly, what we are seeing now is a frightening broadening of access to MAID.

If there are any red flags for the Liberal government, it would be the fact that when MAID was first legislated in 2016, about 1,000 Canadians accessed it, and that number is now more than 36,000 in one year. If there was ever a reason for the Liberal government to stand up and take notice that this legislation has far exceeded its original intentions, that would be it. It was based on a foreseeable death, a terminal illness or someone being in unbearable pain. This is who should have been accessing MAID.

Now we are seeing those lines so blurred that they almost do not exist. The fact that the Minister of Justice has only delayed implementing access to MAID for those with mental illness is again a very stark red flag. That is why we are seeing so many Canadians stand up, and in many cases emotionally, to say that this has gone much too far. We are hearing so many anecdotes and examples, not only from our constituents but from people across the country, of people who are already accessing MAID who never should have been eligible.

A constituent of mine, Mark Meincke, who is a very well know veterans advocate, called me one afternoon and told me about a friend, a veteran, who had been on the phone with his Veterans Affairs caseworker. When he talked about his mental health issues and wanting to access mental health resources, the caseworker told him they could offer him MAID if that was something he would rather do than contemplate suicide. Actually, the caseworker's language was much starker than that.

Initially, I thought it could not be true and that Veterans Affairs could not possibly be offering MAID to the men and women in uniform who served our country and made such an incredible sacrifice that most of us could never possibly fathom it. When the heroes of our country were reaching out in their vulnerable moment, they were being offered the easy way out.

It is no wonder that many of our veterans now feel they are not getting the services they need from the federal government, because it is just too costly. The government is trying to clear a backlog of files off its desk, and that is why it is offering access to doctor-assisted dying. That is not what we should be offering our veterans, those who sacrificed everything for us. We should be ensuring they have access to the mental health care and PTSD treatments they deserve, not access to doctor-assisted dying.

Of course, this is coming from a government with a Prime Minister who said to veterans that they were just asking for more than the government could give. We can see why there is frustration and why a seed of doubt has been planted among veterans and first responders across this country.

I am glad to hear that the government took action on that one caseworker. Unfortunately, even though we were told this was a one-off, we have now heard several stories of other veterans being offered similar services from other caseworkers. As someone who has been around government for a while on both sides of the House, I know these caseworkers are usually given a script that they go by. What is worrisome is that this was not just a one-off and was something Veterans Affairs was offering our men and women in uniform.

I would urge my colleagues across the floor in the Liberal caucus to see that giving this a one-year delay is not enough. If there was ever a piece of legislation in the House of Commons that we had to get right and that we could not make mistakes on, try to rush through or base the decisions on ideology or activism, it is this one. I do not know if I have ever said this standing in the House, but lives literally hang in the balance and are at risk if we get this wrong.

I would urge my Liberal colleagues across the floor to listen to the stakeholders in their communities, to listen to the community-based service groups and charities and mental health programs in their communities that are standing up and saying, “Stop; this is going way too far.” I cannot be the only one who is getting dozens of calls and emails from those groups in my riding who are asking me to meet with them and try to relay that message and those concerns to the Liberal government. They have lost hope and, instead of providing hope for life and offering the essential resources that Canadians need, the Liberal government is offering them death.

As parliamentarians and as Canadians, is that really what we want our country to be? Is that really the bar that we are setting for ourselves? Rather than invest in palliative care and mental health services and services for our veterans and those with disabilities and mental illness, are we going to take the easy way and just make doctor-assisted dying more accessible? I do not believe that is the result we want.

A constituent of mine, Pilar, called me the other day and said, “I have worked in palliative care for several years, and in several other domains of medical care, and I can tell you, it will be the most vulnerable who will suffer the most from this, and experience undue pressure and coercion to allow the state to end their lives.” That is very profound from someone in the health care system.

I have heard similar comments from groups like Inclusion Foothills, which is a group in my riding that works with folks with disabilities, including mental and emotional. I met with the group before Christmas. Its members have a profound fear with respect to this MAID expansion of access for mental illness and concerns for their clients who have disabilities. Time and time again, they said, they were hearing from families who are concerned they may lose their loved ones because they were offered MAID in a stressful time or moment of weakness and vulnerability.

All of us have had those moments of vulnerability and anxiety and we would hope that in those times of need the services that we require would be made available to us. At Inclusion Foothills, they were saying that Canadians with cognitive disabilities or depression and anxiety are easily more susceptible to offers of coercion, well-meaning or otherwise, perceived or real, of an option to end their suffering. I know, again, that I am not the only one who has families and persons with disabilities and mental health concerns and concerned residents reaching out to my office and begging for safeguards to be put in place to protect their vulnerable loved ones, their friends and certainly our neighbours.

The Government of Canada's own website acknowledges that, “Mental illness is experienced by 1 in 3 Canadians during their lifetime” and that suicide “...is a significant cause of premature death in Canada.” The website goes on to state:

Most mental illnesses can be effectively treated by health professionals and community-based services....

Unfortunately, because of the stigma of mental illness, many people avoid or delay treatment.

The most important part of that statement is “mental illnesses can be effectively treated”. That should be the focus, and not the option of doctor-assisted dying.

Finally, I want to address another community in my riding, and that is the agriculture community and rural Canadians. A survey that was done last year said that 76% of farmers who were surveyed are suffering from medium to extreme mental health concerns and stress. Worldwide, male farmers are at higher risk of dying by suicide and they are less likely to ask for help. “Cowboy up” is what we hear all the time. In fact, we had a unanimous consent motion in this House asking for the government to provide a mandate in Farm Credit Canada's mandate to support mental health programs. The Liberals voted against that.

My constituents are unequivocal: MAID was never meant as an emotional decision; it was never meant to be outside the bounds of those as an exceptional reason. I would encourage the Liberal government not to just delay this for a year and not to put a timeline on it. Let us do this right. Let us make sure that we stand up for all Canadians with disabilities and mental illness. Let us do it right.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:45 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, as someone who has actually served in the Canadian Forces, walked with World War II veterans and World War I veterans and sat in the legions and listened to the horror stories they had to endure, I find it exceptionally offensive to try to imply that the government would, in any way, in any form, or any member of the House—

Criminal CodeGovernment Orders

February 13th, 2023 / 9:45 p.m.

An hon. member

Oh, oh!

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February 13th, 2023 / 9:45 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member for Sherwood Park—Fort Saskatchewan does not have the floor and he is not the one who will be responding to the questions and comments. I know that his colleague for Foothills is able to answer those questions.

The hon. parliamentary secretary.

Criminal CodeGovernment Orders

February 13th, 2023 / 9:45 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I do not believe it is appropriate for any member of the House to try to imply, in any way or any form, that there is any member of the House of Commons who would actually suggest that it is okay for a veterans service agent to recommend MAID to a veteran.

Would the hon. member not agree with that assertion?