Bill C-39

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

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.

Criminal Code

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, on behalf of my constituents, the ones I have noted on the record and the many others I have spoken to, I will say that they are not so much interested in what the expert panel had to say. They simply do not want the extension to happen, and I do not mean a delay. If the government is looking for a pat on the back and a reward for a good deed, as the Yiddish proverb goes, it is not going to happen right away.

For my constituents, I think the starting point is that there is a lack of trust, because they read stories of people who have accessed MAID and who had a condition that did not fit the description given in law. Because there are different provinces applying it in different ways and physicians have applied it in a fairly subjective way, there is a very low level of trust from constituents in my riding.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, there is one issue that has been raised many times in the House, and that is the issue of mental health. To date, the government has refused to make the investments needed to help people and to ensure that all Canadians who need mental health care receive it. This is not happening right now because of the lack of funding and resources.

I want to know what my colleague thinks of the government's mental health funding. Is it not important to make investments so that people will always have options when it comes to mental health?

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, it could get interesting with two members from western Canada debating in French in the House on the topic of mental health.

I think that program funding and increased government services are not the only things that matter when it comes to mental health. There is the role of the family and the community. It is about having a career, a profession and a reason to live. There is faith, which is very important for many people.

Of course, it would be good for the government to provide more services to people having mental health issues or difficulties and who are asking for help. The provinces are responsible for providing the services. I know that my province of Alberta is working hard to ensure that people have a choice and access to services, but more can be done in the communities to provide services in rural regions and big cities. That said, I want to reiterate the importance of family, friends, work and faith, all of which must also play a role.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

Prior to asking my learned colleague a question, I want to reflect on the life of a constituent who passed away over the holiday break. That was Paul Da Silva. I am very sorry for his family's loss, and I wish his wife and children all the best in this difficult time. May eternal light shine upon him.

My question to my learned colleague is this. We just heard from the parliamentary secretary about an expert panel. Typically, in law, when we talk about expert panels, they generally come down to what the court says. In this case, I am not sure if my colleague is aware, but I would like him to comment on how no court, from what I can see, has unequivocally stated that there is a right to medical assistance in dying for people who are mentally ill. I would like his comment on that.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, the beginning of his comments sounded almost like an S. O. 31, and I encourage the member to try to catch the Speaker's eye the next time he rises.

He is absolutely right. From what I can tell, at no time in the decisions of Truchon or Carter, and I have read both, did the government say there was a right to die in Canada because of an underlying mental illness as the only condition.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, I want my constituents to know that I am staying in the riding to take care of my newborn, but I am happy to participate, in hybrid fashion, on their behalf on this very important subject.

Bill C-39, an act to amend the Criminal Code regarding medical assistance in dying, seeks to delay the expansion of medically assisted death to individuals whose sole condition is a mental illness. We are here today because of previous legislation in the last Parliament, Bill C-7, that responded to the Truchon decision and the justice minister's interpretation of it by removing critical safeguards to accessing MAID, particularly that death must be reasonably foreseeable. However, Bill C-7 contained an arbitrary deadline of March 17, 2023, to expand MAID to those whose sole condition is a mental illness, and now the government is seeking to delay that arbitrary deadline another year down the road.

As I do not want MAID to be offered to those who are solely suffering from a mental health issue, I will be supporting the bill, but I do so in the context of very big and life-altering concerns regarding the direction the Government of Canada has taken since the debate on MAID commenced in 2016.

The Conservatives believe that we should never give up on those experiencing mental illness and should always be focused on offering help and treatment rather than assisted death. The Conservatives will bring forward alternative proposals to support those with mental illness instead of the government's approach.

Going back to 2016, the preamble of Bill C-14 spoke about the vulnerability of persons. It states:

Whereas vulnerable persons must be protected from being induced, in moments of weakness, to end their lives

It also states:

Whereas suicide is a significant public health issue that can have lasting and harmful effects on individuals, families and communities

Man, have we seen a lot of change in the last seven years.

Conservative members at the time, despite these assurances in Bill C-14, observed that the approach of the government was going down a slippery slope. The member for Selkirk—Interlake—Eastman highlighted a concern that has sadly now become a reality in Canada. He stated, “many believe that the policy will be used prematurely to end the lives of those who have become a burden to their families, society, or the medical system.”

At the time, because of big public concerns, many Liberal members were careful when it came to speaking about expanding MAID in the future. The former justice minister, Jody Wilson-Raybould, said, “In terms of eligibility, the policy choice made by the government was to focus on persons who are in an advanced state of irreversible decline and whose natural deaths have become reasonably foreseeable.” The current member for Lac-Saint-Louis said, “Bill C-14 would not normalize medically assisted dying as perhaps has occurred in Belgium and the Netherlands, the two most often cited examples of the slippery slope.”

In the last Parliament, in his charter considerations on Bill C-7, which expanded MAID to include those without a reasonably foreseeable death, the current Minister of Justice cited inherent risks and complexity as a reason not to expand MAID to those with mental illness as a sole condition. However, the Minister of Justice, unfortunately, as we find today, is speaking on both sides of this issue very irresponsibly. On the one hand, he communicated in the Bill C-7 charter consideration that due to the complexity and inherent risks, we should not be expanding MAID to those with mental illness as a sole condition. On the other hand, in the same bill, he included a sunset clause to expand MAID to these Canadians and said that his hands were tied by a Quebec court decision. However, not only has the government refused to challenge it at the Supreme Court, but leading legal experts in our country have stated that his interpretation of the decision is flawed.

After telling Canadians time and again that the legalization of MAID would not lead to a slippery slope by allowing death on demand for any citizen whenever they may want it, the government seems set on expanding MAID to anyone.

I plead with the backbench members of the Liberal Party to stand up against the justice minister today. You have more influence than any Canadians right now to stop what he is trying to do.

Do not forget that in 2016, on Bill C-14, he voted against the—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

We have a point of order from the parliamentary secretary to the government House leader.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I can certainly appreciate the passion in the member's speech, but he did just start talking directly to Liberal members. He said, “You have...”, and I am certain he was not talking about you. Perhaps he would like to rephrase that.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I appreciate the hon. member noticing that.

Yes, the hon. member has to speak through the Chair. That is just a reminder.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Through you, Madam Speaker, I implore the Liberal members of Parliament to stand up against their justice minister and the irresponsible decisions he is taking.

Across Canada every year we celebrate Bell Let's Talk. Mental health services have expanded in hospitals, schools and universities because there is an inherent belief by all Canadians that mental health challenges are things we can overcome. Every family in this country is impacted by mental health, and it pains me to see my country considering offering death to those suffering at their lowest points. We do not need to do this.

Again, through you, Madam Speaker, I implore Liberal members to challenge the justice minister on his overly broad interpretation of the Truchon decision, a ruling of the Quebec court, and to stop what he wants to do.

A recent article in The Globe and Mail talked about Donna Duncan, a 63-year-old woman from my community. Her daughter successfully delayed, through the court, her mother's access to MAID because her mother suffered from a mental illness. However, just hours after leaving the hospital, Donna received a medically assisted death without her daughters being informed, even though their mother already suffered from a mental health condition that was documented.

Both daughters, Alicia and Christie, testified at the medical assistance in dying committee and they made a number of recommendations.

The first, which seems so sensible, is “mandatory access to health care”.

The second is an increase in the required number of independent witnesses to be formally interviewed as part of the assessment, to at least three.

The third is “...a pre-death assessment review. Doctors should be required to submit all assessments to an independent review board prior to a patient's death.”

The fourth is “continuity of care. Multiple assessments should be completed by the same medical professional.”

The fifth is “mandatory wait periods”.

The sixth is “...mandatory release of records. Hospitals and health authorities should be required to release unredacted copies of their MAID assessment records to those who are entitled to them.”

I would be remiss if I did not mention the fact that, when Bill C-39 was tabled in Parliament, the Association of Chairs of Psychiatry in Canada called for this delay at the beginning of December. I will note as well that University of Toronto law professor Trudo Lemmens and numerous colleagues from across Canada challenged the Minister of Justice on his actions today.

Again, my plea today is to the Liberal caucus, through you, Madam Speaker, to challenge the decision of the justice minister, not to irresponsibly expand MAID in one year's time for those suffering from mental health. Canadians know that mental health can be overcome. Canadians know that this does not have to be the solution. Canadians know that they want to take care of people when they need to be taken care of.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, first, I sincerely appreciate the incredible passion the member has demonstrated in his speech. I congratulate him for relaying that in such a passionate manner to the House. Second, I certainly take great opportunity to reflect on this legislation and the issue before us, so I do not want the member to think there are not members of the Liberal bench who are always highly concerned over the manner in which this medical procedure would be used.

Finally, I am unsure exactly what the member is asking when he makes a plea to Liberal backbenchers, in his terms. The whole point of this extension is to make sure that everything that would be put in place would be done in a responsible and appropriate manner.

By the member's own admission, he is voting in favour of this extension. Therefore, what is it, exactly, that the member is asking? Is he asking for something that is supposed to happen a year from now?

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, I thank the member for the opportunity to clarify a key point, which is that I do not believe that mental health sickness should be a reason for someone to receive MAID in Canada. The legislation before us today would delay the ability of medical professionals to offer MAID on the basis of mental health sicknesses. I do not want to see my country ever reach that point. Therefore, in the year ahead, I implore the Liberal members of Parliament to challenge their justice minister, because I know, and they know, that the large majority of Canadians are against this.

In fact, I did a survey in my community. While my community was equally divided on MAID in general, there was unanimity among all of my constituents that, at a minimum, proper medical supports and mental health supports should be offered to all people irrespective of their medical conditions, and especially for those considering the use of MAID.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. I will admit that my hon. colleague kind of stole my thunder, because I was going to ask a bit about what his constituents were saying.

However, I am wondering if there were any responses that particularly stood out. As I understood his last comment, he said that it was about fifty-fifty on the issue of medical assistance in dying, generally. However, it sounds like there was near unanimity from his constituents, and obviously on a moral issue he has to bear that in mind. I wonder if the member wants to take 30 to 45 seconds of this important time in the House on this very important topic to elaborate on that.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, my colleague is from Canada's number two riding, after my riding of Mission—Matsqui—Fraser Canyon. I will note that, under the proposed redistribution boundaries, he is going to take part of Canada's number one riding, which I am very sad to see.

However, to the member's point, my constituents believe that we, as a country as rich and prosperous as Canada is, should be offering the medical treatment to allow people to make informed decisions about their lives, especially when they are most vulnerable. Right now, we are not there. I could [Technical difficulty—Editor] for example in my community, that a woman decided to receive MAID because she felt she was a burden on society, in Abbotsford, and did not have access to adequate housing. Where are we as a country and a society when we are permitting the death of an—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I apologize to the hon. member, but his sound is very unstable. I think we are having issues with interpretation. We are running out of time also, but the last bit was a bit unstable. It was very difficult to understand all the sentences, and we are out of time.

Resuming debate, the hon. member for Kamloops—Thompson—Cariboo.