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

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, I remember being involved in the very first debates, and serious concerns were raised. What kinds of safeguards? What kinds of protections? We were told to pass it and then we would get a review. We never got that review.

What we got was the unelected, unaccountable Senate, whose members are responsible to nobody but themselves, deciding that what we needed to do was rewrite the law so that anyone who was depressed or had any kind of mental depression could be allowed to die. The government accepted that. It did not even throw it back. It accepted it, and we are one week away from this outrageous extension of MAID becoming law because it sat on the Liberals' desks.

Now we have to bring in a law that does not actually deal with that. We are just putting it off. We have never had a discussion as the elected representatives of the Canadian people to decide what is fair, what is right, how we do this and how we ensure safeguards. I would like to ask my hon. colleague about his position on this.

[Ed Fast, Conservative, Abbotsford, BC]

Madam Speaker, not surprisingly, I totally agree with the member and his analysis of what has gone on. We have had the unelected, unaccountable senators plugging in a provision that has life-and-death consequences, and the government just rolled over when it came back to this place. That is an abdication.

The fact that there are no safeguards in place is of grave concern. However, once those safeguards are in place, we should fully expect that over time the government is going to chip away at them so that it can expand the scope of this legislation even more.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, I want to compliment the member for Abbotsford for going forward with his private member's bill, Bill C-314. I have a question for him on veterans.

When veterans were phoning in for help on the helpline, MAID was called a benefit. Several veterans phoned our office in Saskatoon asking what the benefit of MAID was. They said when they phoned looking for assistance, they were told to go to the website; it's right on there that MAID is a benefit.

I would like the member for Abbotsford to talk about this, because at no time has it ever been a benefit for a veteran to accept MAID.

[Ed Fast, Conservative, Abbotsford, BC]

Madam Speaker, when I look at the plight of our veterans, I know many of them suffer from PTSD. Can anyone imagine a veteran walking into an office and asking for help? They say they need mental health supports and are asking for help. They are begging the government and the response is, “I am sorry. Why not consider medically assisted dying?” That is not acceptable.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, it gives me mixed emotions to rise today in the House on this subject. Our hearts are full of stories. I do not think there is a family that has not been touched by those who have battled with mental illness in some form at some period in their lives. The mere thought that MAID could be extended to those battling mental illness is beyond disturbing.

I believe Canadians from coast to coast are in agreement that this is an extension that goes way too far. I rise today in this House as someone who will definitely support Bill C-39 to delay the extension of MAID to those with mental illness. With that pause and delay, I hope the government will take advantage of that time to finally put in place adequate safeguards to protect our most vulnerable.

It has been said that the character of a nation is revealed in how it treats its most vulnerable. Right now, the character of our nation is being tested. How will we respond to this time of testing? Will we rise to the occasion to help our fellow man, our fellow humans and our fellow neighbours and friends, who are battling and struggling? Will we respond to their anguish? Will we respond to their pain? Will we respond to the cries from many across this country right now who are under increased strain mentally?

Many are coping and trying to self-medicate. It has led to addictions in their lives and further mental health struggles. We are seeing a rise in depression, anxiety and other types of mental illnesses. It is moving across the country at a very rapid rate and to younger and younger Canadians. Our hearts are moved by this.

The importance of this delay cannot be overstated. Let us not just delay this for another year and then have to revisit it again and have this debate again. Let us move with urgency toward putting in the necessary safeguards to protect our most vulnerable. Canadians are demanding that we respond.

We have had many examples of the overreach and overextension of this. Veterans have been offered and advised to utilize medical assistance in dying. This is something that should never happen to those who are heroes and have served, and at a time of post-traumatic stress or in a season of anxiety and depression. We know that with adequate supports and proper care, they can traverse to the other side of the deep valley they may be in temporarily.

I have family and friends who have had these bouts. I have seen the effects of mental illness in very deep and profound ways. In my previous vocation, I rushed to a bridge where someone was on the edge considering taking the step of ending their life. I have been called to a dam in my area in the dead of winter to respond to someone who had reached their end.

This was some time ago, but I am very thankful to report to this House that both those individuals have moved on with their lives. They are living. They are enjoying their lives and have made some very positive changes. I am so thankful that in that moment they chose life. I am also very thankful that at that time, medical assistance in dying was not extended to those who were battling mental illness alone.

This House must put in the adequate safeguards that are needed. Experts are telling us very clearly that this should not be extended to those solely battling mental illness, because there is no way they can adequately determine if the mental illness is irremediable.

With that uncertainty, with those legitimate concerns coming from health professionals and the majority of doctors and physicians across the country, it would behoove this House not only to pass this bill and give the delay but also to take immediate steps to implement adequate safeguards that would protect our most vulnerable.

I pause for just a moment upon probably one of the most famous passages that has ever been quoted in times of stress and duress for many people. It is oftentimes featured in movies and at most funerals that we attend; it is a verse of great comfort:

Yea, though I walk through the valley of the shadow of death, I will fear no evil: for thou art with me.

Death casts a very big shadow, and those of us who have lost loved ones know that pain and grief very well. Those who have lost family members and loved ones to suicide know how dark and deep that shadow is.

However, there is hope that when we are traversing the very valley of the shadow of death, we can pass through and come out on the other side. There is hope for those who are battling mental illness, depression and anxiety; though it may feel permanent in the moment, there are many people who have traversed that valley and come out with hope and light again in their hearts and souls.

Primarily, it is because they came to the realization that they were not alone. They had loved ones who were with them, family who cared for them, neighbours who extended a hand and those who would run in when everyone else ran out of their lives. When it looked darkest, someone lit a candle in their night that brought hope.

I am thankful for those who brought light to me in the darkened times of my soul. I hope that everyone in this room will take the pause that this bill would grant the House, be a light in a darkened place for those who are hurting and extend the hope that is in the valley of the shadow of death. We do not have to fear, but we can walk with people through the most difficult of seasons in their lives.

Let us bring hope and life. Let us not encourage death or a culture of death but foster a culture of hope and life for those who most desperately need it.

[Nathalie Sinclair-Desgagné, Bloc, Terrebonne, QC]

Madam Speaker, in his speech, my colleague quoted one of his favourite sentences, and I would like to hear his comments on the following sentence: Perfection is the enemy of the good.

Are we not letting people suffer as a result of the constant desire to set limits and constraints? Is the Conservative Party not falling into a trap? Instead of protecting life, they are protecting suffering.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Madam Speaker, I believe that we are doing something very positive when we take the time to reflect on what has been brought into place through Bill C-7 and MAID and adequately address the ever-growing concerns of this legislation being abused or overextended to those dealing with mental illness alone.

We need to take this time, pass this bill and make sure that in the time it allots us, we put in place the safeguards that Canadians are demanding. These safeguards will make sure that veterans who are vulnerable and people with mental illness are protected and that those who are passing through a temporary season in life do not make a decision with such finality. We need to make sure we put the safeguards in place.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I thank the member for his speech this evening. I enjoy my time on the fisheries committee with him.

The member spoke at length about putting into place the necessary safeguards to protect those most vulnerable. I cannot agree more. I am hearing from people who are at their wits' end; for them, it feels easier to die at this point than to keep living. That is horrific. I have spoken about this before.

This bill needs to be put into place. I absolutely agree that we need to have the appropriate information to know how we can move forward and protect those most vulnerable. We also need to ensure that people have what they need to live with dignity and respect.

Could the member share with us whether he agrees that we need to put into place a guaranteed livable basic income, as well as ensuring that the government is offering mental health transfers?

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Madam Speaker, it is a pleasure to serve on the fisheries committee with my hon. colleague.

With regard to this matter, obviously the challenges of poverty, desperation, hurt and pain are evident throughout our country at this time. Many political parties of various stripes are going to come up with all kinds of potential solutions to that, but the bill that is before us for consideration today is about delaying the legislation to provide time for reflection and the ability to implement safeguards. Safeguards need to be implemented for people across the board, especially our vulnerable youth, seniors, veterans and all individuals who are dealing with mental challenges and the addictions epidemic that is plaguing this nation. We need to look at it holistically.

I do not believe government can solve all these problems. We must expand that circle of solutions to include those from all sectors of society, including our faith-based communities, as well as non-profits and other great NGOs that are doing tremendous work in our communities.

[Colin Carrie, Conservative, Oshawa, ON]

Madam Speaker, my colleague from Tobique—Mactaquac gave a very heartfelt speech. He has followed this closely.

If all of us in this House remember, when this bill was originally put forward, it was supposed to be very narrowly cast. One of the trade-offs was that the government was going to be putting in supports for palliative care for mental health. Sadly, we have not seen those investments. Even the original justice minister, Jody Wilson-Raybould, was not in support of extending this to people with mental illness.

The member mentioned at the beginning of his speech that sometimes countries have to make a decision on how they want to be perceived in their heart and soul. Why is it so important right now that we make a stand to not continue down this slippery slope? Canadians are going through a horrible time and need that support.

What does he recommend at this time in history?

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Madam Speaker, that is the value and the absolute purpose of the pause. This bill would enable a pause so that we can take immediate steps. Internationally, questions are being raised suggesting that we have gone to the extreme on this issue. It is time to put some adequate safeguards in place to make sure our most vulnerable are protected.

[Michelle Ferreri, Conservative, Peterborough—Kawartha, ON]

Madam Speaker, as always, it is a true honour and privilege to stand here in the House of Commons to represent my beautiful community of Peterborough—Kawartha.

Today we are debating Bill C-39, an act to amend the Criminal Code in terms of medical assistance in dying, which I will refer to as MAID for the remainder of this speech, and extend the exclusion of persons living with mental illness from being eligible to receive MAID beyond March 17, 2023.

We are going to need to rewind a bit to paint a picture of how disturbing this legislation, conversation and ideology are. In December of 2021, without any consultation, study or discussion, the Senate added an amendment to Bill C-7 to make people with mental illness eligible for MAID. This is gravely concerning and indicative of the Liberal government's recklessness to add such a serious amendment, which targets the most vulnerable, without due diligence of study and consultation with experts.

Instead of recognizing the undemocratic and dangerous way the amendment was added and scrapping the entire thing, which should have been what happened, the Liberals' proposal is simply to extend the deadline with an arbitrary date.

The MAID special joint committee was created after the amendment was added. How backward is that? The committee heard testimony from many experts, including Dr. John Maher, clinical psychiatrist and medical ethicist, who said, “Psychiatrists don't know and can't know who will get better and live decades of good life. Brain diseases are not liver diseases.”

Of course, today I will support this bill, but let us call it what it is, which is window dressing for a much bigger ideological problem. We do not need to extend the timeline of this bill; we need to get rid of making those with mental illness eligible for MAID. We need to call out the Liberals for not providing a dime of their promised $4.5 billion to the Canada mental health transfer. We need to ensure people at home watching know we are working diligently to give them timely access to treatment and recovery when they are willing to get it. That is what we need to be doing.

I urge every member in this House to listen to their constituents and recognize how dangerous the message is that we are sending to those struggling. I encourage every member in this House to support Bill C-314, which was introduced last Friday by my colleague from Abbotsford and would solve this problem instead of prolonging and dragging out an amendment that should never have been put there in the first place.

It is difficult, if not impossible, in the case of mental illness to determine whether someone can recover, get better or get healthy. Therefore, one can appreciate how dangerous a bill like this is.

I am going to read into the record a letter that was recently sent to me.

It reads:

“Dear Michelle Ferreri,

“My name is Kayla. I am going to be sending this letter to several MPs, but as you are the MP presiding over the constituency where I reside, I thought I should send this to you first. I am very troubled by something that is going to be happening very soon in this country, and I hope you will listen to what I have to say.

“Overall, I am a very healthy individual. I have a mental health condition, but it is my sole medical condition. However, I was mortified to discover last month, that medical assistance in dying (MAID for short) will be available to people whose sole health condition is a mental health condition as of March 17, 2023.

“Persons who suffer from mental health conditions suffer horribly. I know that. I have suffered with mine for nearly 12 years. Perhaps the most appalling things of all are that ‘The law no longer requires a person's natural death to be reasonably foreseeable as an eligibility criterion for MAID,’ (Government of Canada, 2021) and ‘There is no obligation for a person or their health care practitioners to inform family members if that person has requested or received MAiD.’ (CAMH, 2022).

“I think you are an intelligent person, Michelle. I think you see this for what it is. As of March 17, 2023, I will be eligible to end my own life on the basis that I have an incurable mental illness. Let me give you a bit more background: I have two university degrees, in biology and environmental science. I have a job that I love and have held since a little while after I graduated. I have never failed to pay taxes, nor have I ever taken extended leave or gone on EI due to my mental illness, no matter how hard it gets. I have family and friends that I love dearly, and they love me too. And yet now my own government has deemed my life not worth living. This just isn't unfair. This is monstrous.

“But it gets worse. What about those people who are in the same boat that I am medically, but are much, much worse off. They cannot pay their taxes because they cannot work. They have a substance addiction. They are veterans with PTSD. They are homeless because they cannot seem to fight off their demons. These are some of the most vulnerable people in our society. To say nothing of the nature of the 'mature minors' (whatever on Earth that means) that will be able to access MAiD in the future if this doesn't stop.

“Make no mistake. This thing that we dress up with a nice name 'MAiD' is euthanasia of our most vulnerable people because they cannot 'contribute to society' like others can. The fact that the government would offer to get them out of the way (read: convince them that they should die) in this way, just because the systems that the government put in place are failing them is an unspeakable evil.

“I hope, Michelle, that you will do everything in your power as an MP, as I will do everything in my power as a citizen, to abolish this law. I understand the federal government is seeking to push back the timing of this law, likely because it has received so much criticism. I understand that it likely wasn't you that made any of the decisions for this law to go ahead. But I also understand that you are in more of a position to do something about it than many other people are. I hope you will respond after reading this letter.

“Sincerely,

“Kayla.”

I did talk to Kayla, and it was a heartbreaking conversation. She is living very well, and I would like to give Kayla a round of applause for being so brave as to share that. This letter says everything Canadians need to hear. We need to be sending a message of hope and recovery, not a message that their life does not matter.

I leave members with one final story. Elyse is a young university student and she chatted with me during the Christmas break. She said she needed to tell me something. She said she was so worried about this legislation to extend MAID to those with mental illness. She said that she had struggled with mental illness and knew with certainty that if someone had offered that to her during her times of illness, she would not be here today. She told me that she would not be getting her university degree; would not be in a happy, healthy relationship; and would not know that her life is worth living.

We have a duty in the House to bring hope and create legislation that provides a better life for Canadians. A better life means access to help when they need it. I urge every MP in the House to listen to the experts and Canadians, and not just extend an arbitrary deadline, but drop this dangerous and reckless legislation. To everyone at home watching, including families who are supporting those with mental illness and those who are living with mental illness, we see them. They are worth fighting for, and their lives are worth it.

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Madam Speaker, one thing I have been hearing this evening in some of our debates from my colleagues across the way is that we need to look at this to make sure we take the time to put in place the supports and infrastructure that will be required. That is exactly what this bill would do. It would take the time.

Is the member opposite in agreement with extending this one year so that we can take a look at it to ensure the supports are there and the infrastructure is there for medical assistance in dying?

[Michelle Ferreri, Conservative, Peterborough—Kawartha, ON]

Madam Speaker, no, they have to invest in what gives people hope. There is no research. The experts and the special joint committee have done the research. This is window dressing. This is an arbitrary timeline for something that is dangerous. There is no proof. There is no science. They cannot say with certainty whether somebody with mental illness will or will not get better.

Absolutely, we need to invest. There was $4.5 billion promised by the Liberal government to invest in the Canada mental health transfers. Not one dime has been sent. What are the Liberals saying to people at home who are struggling? They are saying that they care about them, but they are not going to invest in access to treatment. They are going to invest in legislation that allows them to apply for MAID. It is wrong.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, my friend, the member for Peterborough—Kawartha, was absolutely right when she said that there is no science and no evidence to support this expansion. Indeed, the overwhelming evidence at the special joint committee, of which I am a co-vice-chair, was precisely the opposite.

The hon. member for Longueuil—Charles-LeMoyne asked the member about whether it is appropriate to extend the deadline to essentially get it right, but evidence before the committee from a leading psychiatrist was that the medical error rate on the question of irremediability could be anywhere from 2% to 95%. In the face of that, it would seem to me that there are no safeguards to get this right. The only thing to do to get it right would be to scrap this ill-conceived—