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. The Library of Parliament often publishes better independent summaries.

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.

Criminal CodeGovernment Orders

February 13th, 2023 / 7:10 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, it is always an honour to rise in the chamber. We have been discussing very profound issues today, perhaps some of the most profound issues we can ever discuss in Parliament, which are life and death. We are discussing the deaths of loved ones and the deaths of those who have no one to love them, yet this is all happening in the context of Bill C-39, which absolutely fails the test of profundity because it is a last-minute scramble. It is a papering over of an absolute failure to deal with something that should have been dealt with from the beginning, and the government continues to drop the ball, so I am going to speak a bit on how we got here.

It is really important in this debate to be careful with the language we use and to be careful with each other. I have heard it alluded to that this was some kind of Nazi regime, which is ridiculous. I have heard people talk about being loved and other people saying that we are not respecting rights. We are talking about the most intimate acts that a human experiences: birth and death.

It may sound odd to say that death is an intimate act. Death can be very traumatic. Death can be violent. Death can really tear families apart, but it can also bring families together. It is those moments of how we confront death and value death that really show who we are as a society. I am thinking right now of my sister Kathleen, who never made it out of her 50s. This week would have been her birthday. Nobody got a rawer deal in life than my sister. She got the bad end of the cards dealt to her every single time, and Doc Holliday had nothing on her when it came to facing down death.

I remember, as she was dying, that every morning she insisted that she look good, and her back was disintegrating from the cancer. One of us got the nerve to ask her about MAID. Man, she almost bit our heads off because that will to live, the will to be there one more day through the pain, was very, very profound.

I remember we sent her off singing Danny Boy because that is how we say goodbye. That is how we said goodbye to her husband when he died just before her, and to my dad and to my grandfather. Those are intimate moments. However, her death, and a natural death it was, was not somehow superior to those of people who have chosen MAID.

I think of my friend Liz from Vancouver Island. Wow, she was a force. She called me and said, “I can't live with the pain anymore and I'm choosing the date.” I spoke to her the day before she went. I had a sense that this was also a very profound moment.

I think of my friend Craig from CBC. I followed his last two weeks on Facebook because he posted every day. It was a very powerful thing to see someone choose that moment and choose how they were going to tell their story in those final two weeks.

We have to respect the choices that people make. The provision for MAID that was brought in was about ensuring that a fundamental respect was given. However, the flaw goes back to the fact that we are not just individuals. We are not just individuals with rights. We are brothers, fathers, uncles, sisters, aunts. We have come from family, and family is part of it because death without family is traumatic. That is a tearing apart.

We come from communities and a death in our community can be traumatic if we are not part of it. We come from neighbourhoods. I think of my father when he died, and he lived up in a townhouse project in north Scarborough. The neighbours were coming all hours of the day and night. They were Sri Lankan, Italian and South Asian families who could not speak English but who would say, “We brought food for Mr. John”, because he was part of the neighbourhood.

Those moments of death are about our involvement with each other, and what concerns me with the changes that have been suggested to MAID, is that it is about separating those who are vulnerable, those who are isolated and those with mental distress from the larger community, which needs to hold them and care for them. We as legislators cannot just say that it is an individual choice. This is a societal choice we are making, and we are making it now on behalf of very vulnerable people who need our back.

We cannot just say, “They are depressed. They have always been depressed. It is their right. They are individuals.” That is a failure of our obligation to be there as a neighbourhood, as a community, as a family to hold them and to get them through the darkness.

How did we get here? There is a lot of blame, enough to go around. We knew that the issue of medical assistance in dying was fundamentally an issue that Parliament had to confront. This was our job as legislators. It was a hard job, but it was our job. The Stephen Harper government just decided to ignore it. It did nothing on this, even though we all knew it was coming.

Then the Carter decision came down. The Supreme Court stepped in. I think it was a failure for the court to step in and do the job parliamentarians should have done. What it did was put a timeline, because it said it did not have faith in Parliament. I think it was also a mistake that the Supreme Court put such a short timeline, because these were profound decisions we were making.

Then, the original bill passed. I had a lot of questions about that bill. I had real concerns about what the protections were and how it would be implemented. When we talk about someone whose death is foreseeable, who is suffering from pain they cannot deal with it, how do we make sure that the legislation is not opening the door to something much broader? We were told at the time as parliamentarians to vote for the legislation and that we would have a review. I trusted that. I thought it was fair. I had a lot of questions, but I recognized there were legal obligations. We had the Supreme Court's ruling and Parliament would have a chance to look at this. We were never given that opportunity. Parliament was never given the right to see the effects of the legislation we brought in.

Then the Truchon decision came in, where a Quebec court said that, with the charter provisions, limiting it to a foreseeable death was not fair and we had to throw the legislation out. That was a time when I think it would have been reasonable for the federal government to bring that to the Supreme Court and ask for a review. It did not do that. It accepted it. I think of how many decisions went in favour of indigenous communities and the government went all the way to the Supreme Court every single time, but on the Truchon decision it did not. That was another opportunity for it to say that the legislation was being expanded, perhaps for good, perhaps for bad, and that it needed to be reviewed. Still, Parliament did not get the chance to do the review.

Then it went to the Senate, of all places, the unelected, unaccountable Senate. These are people who cannot be fired once they hired. They can do whatever they want. They can show up or not show up. They sent us back a bill that said they wanted Parliament, the elected members, to approve their change, which was that if people are depressed they should be able to die.

The government should have rejected that bill outright. It should have told the senators that, number one, they are not elected, not accountable, and that it was a ridiculous provision. It did not, so the bill sat on the Attorney General's desk, to come into effect this coming St. Patrick's Day. Now we are scrambling. We have to deal with this bill. It is not that we are responding to the bill; we are putting it off for another year.

I will support that, but I think it is a complete failure of our obligation to deal with something that needs to be reflected on and needs a profound answer from parliamentarians. It needs for us to stand up and ask what is right, what is fair and what provisions have to be in place to protect the vulnerable, particularly those who, in a moment of darkness, think they want to end their life.

I looked at the statistics of how MAID has been applied, and that alone would cause any parliamentarian to say that we should look at this. In 2016, 1,200 people died by MAID. It more than doubled in 2017. It more than doubled again in 2018, to over 5,000, and to over 10,950 in 2021. That is 30 people every single day in this country deciding to end their life.

That is double all the deaths from breast cancer in this nation. It is more than double the national suicide rate, and we are not going to reflect and say, wait a minute, is this opening the door to a place where we should not have gone, and where none of us thought we were going, when more than double the deaths of what we see in the suicide epidemic in this country are from people going to the doctor and saying they just do not want to be here anymore?

We could be told that there are protections and measurements in place, and we have been told that. I heard that at all the hearings. Then we get examples. I do not want to wave around one example and say that this is proof of what went wrong and the perfidy of the government, but I look at an Associated Press article on Alan Nichols, who had a history of depression and mental illness, and the police brought him to the hospital because they were afraid that he was going to kill himself. His family said that we had to help him, that he had a history of mental illness. He decided to apply for MAID and he was dead. That is an outrage. His family was asking for help for him, but he was treated as an individual in his own right who could just come into the hospital, brought in by the police, who were trying to keep him alive.

I think of the suicide rates that we have had in the communities I represent. Some of the highest suicide rates in the world are in northern Canada, and we have done jack about that.

In 2019, I brought Motion No. 174 to this House, calling for a national suicide prevention action plan, and every single member of the House voted for that. I heard all the speeches, that we have to protect the vulnerable, that we are going to be there for them, that the government has a role to play. We voted for that, and nothing was done, nothing. People continue to die.

Now we have this panic legislation to say, oh my God, let us just put off for another year the fact that people just have to be depressed and they can walk in and say “I want to die” and we will let them die. One could be depressed for all manner of reasons. In Belgium, which had medically assisted suicide for many years, one can claim it for PTSD. My God, will PTSD be a reason for it? It could be depression, or injury at work. Yes, it is a crappy life to have serious chronic pain. It is going to be a crappy life, especially if people do not have a proper pension or a proper place to live, but they will be able to go, as an individual, and say “I want to die.” Are we going to let that happen on our watch? I do not think so.

Again, this is not about my moral choices over someone else's moral choices. This is about who we are as a society, whom we protect and whom we leave on the sidelines.

In Motion No. 174, to establish a national suicide prevention action plan, there were many factors that we brought in because we met with organizations across the country. We talked about what it would take to have a holistic life-supporting system for people in crisis. We talked about establishing national guidelines for best practices in suicide prevention based on the evidence and effectiveness, in a Canadian context. We said we would work to establish culturally appropriate community-based suicide prevention programs by the representative organizations of the Inuit, first nations and Métis people so that they would run the programs that work for them and they would be culturally appropriate.

We said we would create a national public health monitoring program for the prevention of suicide and the identification of groups at elevated risk. That is really important, because when we know where the elevated risks are, we know where to put resources. We talked about the creation of programs to identify and fill gaps in knowledge related to suicide and its prevention, including timely and accurate statistical data. Once again, if we do not know what the data looks like, we have no way to help. It is not the role of the government to go in and do emergency crisis prevention in every single case. That is not what we do, and we would be terrible at it, but it is that information, the analysis and being able to show where the shortfalls are that would allow funding to flow.

There would be the creation of a national online hub, providing essential information in assessing the programs in the various languages: English, French, indigenous and the other languages spoken in Canada. We would conduct, within 18 months, a comprehensive analysis of high-risk groups of people, the risk factors specific to each group, and the degree to which sexual abuse and other forms of childhood abuse and neglect have an impact on suicidal behaviour.

We would assess the barriers for Canadians in accessing appropriate and adequate health, wellness and recovery services, including substance use, addiction and bereavement services, and the funding arrangements required to provide treatment, education, professional training and other supports required to prevent suicide and assist those bereaved by a loved one's suicide. We would look at the use of culturally appropriate suicide prevention activities and best practices, and study the role social media plays with respect to suicide and suicide prevention.

If the government had done those things, then yes, it could come in and tell me it will pass this Senate bill allowing people who are mentally depressed to kill themselves. It could tell me that it has actually done the analysis and presented the information to Parliament, and then we would look at it and know where the gaps are. However, if the government has not done any of that work, it should not tell me that we are going to pass a bill that will let someone who has no support, no backup and no help say that life is tough and it is game over for them. This was the final thing we voted for in this Parliament. I know a lot of people were taking pictures and doing press releases about how great it was that they were standing up on suicide prevention.

There should be an annual report to Parliament on preparations for and implementation of the national action plan for suicide prevention, including data on progress over the previous year and a comprehensive statistical overview of suicide in Canada for the year. If we had done that in 2019, if we had four years of statistics, if we had facts and we knew where the mental health dollars needed to go, if we were not just putting it out willy-nilly but actually had statistics, then we could talk about maybe, in certain circumstances, after all these other areas have been exhausted and after all these other supports have failed, a person who may have no other choice. However, that person, in the midst of darkness today, has none of those other supports because nobody at the federal level bothered to put that in place. We have seen our provincial government fail in so many areas as well.

I was deeply concerned when I heard the Attorney General do a podcast on this legislation. He deliberately connected the change of MAID to the right to kill oneself. He said:

Remember that suicide generally is available to people. This is a group within the population [meaning the people who might need MAID] who, for physical and possibly mental reasons, can't make that choice to do it themselves. Ultimately, this provides a more humane way for them to make a decision they otherwise would have made if they were able in some other way.

That is the Attorney General of Canada saying they physically cannot do it, they might not be smart enough to do it and they might be too depressed, but they have a right to kill themselves. That is what he said on a podcast just recently.

When I am told we are going to delay this for a year, I will vote to delay it for a year, but I want to see a plan to address this. I want to see the statistics that prove how this is being used, whether it is being exploited and whether the vulnerable are being targeted or being led to use this because there are no other supports. Until that happens, the last thing we should do as a Parliament of Canada is open the door further for more people to die.

Criminal CodeGovernment Orders

February 13th, 2023 / 7:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, given the circumstances that, if we do not pass this bill, the provisions that were included in Bill C-7 will automatically come into force, I assume the member will be voting for Bill C-39.

What steps would he and his party want to see taken before March 2024 to ensure that adequate mental health supports are provided to all Canadians?

Criminal CodeGovernment Orders

February 13th, 2023 / 6:50 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I appreciate the opportunity to speak here today to an important bill.

We have to ask ourselves: why are we here this evening debating Bill C-39? What brought us to this place?

What brought us to this place was a government, once again, that had acted completely irresponsibly and with great overreach, ignoring the experts, ignoring Parliament and ignoring the most vulnerable.

We will back up a little bit. Bill C-7, which expanded medical assistance in dying in this country, went through the House of Commons and went through our committee, the justice committee.

Accompanying any piece of government legislation is a charter statement from the Minister of Justice and Attorney General of Canada. A charter statement is the government's certification that the legislation complies with our Canadian Charter of Rights.

I want to read, just briefly, from that charter statement. The minister's charter statement stated, for Bill C-7, that it excluded individuals with mental illness from eligibility to access MAID, because of:

the inherent risks and complexity that the availability of MAID would present for individuals who suffer solely from mental illness. First, evidence suggests that screening for decision-making capacity is particularly difficult, and subject to a high degree of error, in relation to persons who suffer from a mental illness serious enough to ground a request for MAID.

At the time, the minister said that there was not the public support nor was the infrastructure in place to allow medical assistance in dying for individuals whose sole underlying condition is mental illness.

The bill, Bill C-7, then goes to the Senate, the unelected Senate. The Senate amends the bill to include mental illness with no safeguards, no accounting for the fact that it was an extreme broadening of Canada's MAID legislation and would, in fact, lead Canada to become an outlier.

That bill came back to the House and was passed by the government, with the opposition from our Conservative caucus members. Conservative parliamentarians were strongly opposed, because we knew that MAID should not be expanded to those who are suffering with mental illness.

When we are reaching out to those who are struggling, for example through Bell Let's Talk, and I see members of Parliament posting that on their social media, the terrible message that it sends is that we as a Parliament think that, for those suffering with mental illness, offering them death should be an option.

One may say, well, that is not what this is about. Unfortunately, that is exactly what it is about. It is already happening. Many of us were horrified to hear of bureaucrats from the Canadian government in a department to which we entrust vulnerable veterans, veterans suffering with post-traumatic stress disorder. Can one imagine the family of a veteran who goes to Veterans Affairs for help and, without even mentioning the issue, is offered the opportunity to explore medical assistance in dying, when they are suffering from PTSD?

Imagine how that would make one feel, for someone who is struggling and who is trying to stay motivated to stay alive. The Minister of Veterans Affairs said that this was a one-off, that this was just one problematic situation.

Unfortunately, we found out that it was not a one-off and that it had happened many times, an untold number of times. We do not know how many times it happened. This is before medical assistance in dying is officially expanded to those suffering with mental illness.

Why are we here today? We are here because the Minister of Justice supported this and pushed this forward in spite of, we know, the Liberal caucus members who are very uncomfortable with this, because they know it is wrong.

Just today, we read an article saying that only three in 10 Canadians support the idea of allowing patients to seek MAID based purely on mental illness. Seven in 10 Canadians, the constituents that these Liberal caucus members represent, do not support this going forward.

The Minister of Justice said, in the same article, “To be honest, we could have gone forward with the original date, but we want to be sure. We want to be safe. We want everybody to be on the same page.”

The government is saying that it needs everyone to think like it does and that everyone needs to warm up to the idea. We do not accept that. We are going to continue to fight for the most vulnerable. This is happening right now in Canada. It is very upsetting for many of us.

Then we read, in the same article, of a report that noted that an Ontario man recently made news after he requested MAID, not because he wanted to die, but because he thought it was a preferable alternative to being homeless. A disabled Ontario woman also applied for MAID after seven years of applying for affordable housing in Toronto with no luck.

The abuse of this system is happening in real time. It is happening now. Because of the passage of the amended Bill C-7, we were set for next month to have, without any safeguards, those suffering from mental illness be eligible for MAID. Bill C-39 is the government's attempt to kick this down the road another year.

Where have we seen these U-turns? We saw them with Bill C-75 on bail changes. The government overstepped, and now it is reversing course. On the gun legislation, the government realized there was a big overreach, and now it is time to climb down from that.

Canadians suffering with mental illness deserve better. They deserve a thoughtful approach. I stood in the House not long ago, back in October 2020, and Parliament was observing mental health week. Unfortunately, at that time, parliamentarians did not know that the Liberal government would soon include mental illness in its planned expansion.

The point in that speech was that one of the key foundations of Canadian society, in our collective identity, is that we are a caring and compassionate country. Canadians, many in this chamber, do not see anything caring or compassionate about making people who are living with mental illness eligible for medically assisted death.

What message does it send to Canadians who live with mental illness? They are not people who are at the end of their lives. These are not people who would otherwise die. Why is the Liberal government pushing to include them in its medical assistance in dying regime?

The president of the Canadian Medical Association said, “We have a responsibility, we believe, as physicians and as society, to make sure that all vulnerable Canadians have access to proper care and the support they need.” I listed two scenarios, and we all have these scenarios in our ridings of individuals in need who are not getting the help they need.

If we have not succeeded to make sure that every Canadian living with mental illness has access to timely mental health care or adequate support, how is it that the government and the minister were comfortable in proceeding with broadening medical assistance in dying in such a radical way to take effect next month? All this despite the fact that this radical expansion of MAID was passed in early 2021. Conservatives have not given up the fight to do what is right and to protect vulnerable Canadians. We will not give up that fight.

The government failed to conduct a mandatory review of its own MAID legislation. That was supposed to happen, and it did not happen. The minister was to complete a charter statement. He did that on Bill C-7. The Bill C-7 charter statement very clearly rationalized why individuals suffering with mental illness were not included in Bill C-7. That is how they arrived at the constitutionality of the bill.

With this massive change, we do not see the updated charter statement. We do not hear the minister talking about the charter rights of those who are suffering. This is remarkable because the statement was written over two years ago.

A few days ago, more than 25 legal experts signed a letter addressed to the Prime Minister and members of the cabinet, challenging them to do better on this.

This expansion is wrong. Conservatives will support extending the coming into force by this year, but in that time, we will not give up the fight to protect the most vulnerable.

Criminal CodeGovernment Orders

February 13th, 2023 / 6:35 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I partially answered that question in my speech. I am voting in favour of Bill C-39, which will provide for an extension of one year. I think the government needs to sit back, take a pause and listen to what the experts and Canadians are saying. Is this legislation they really want? Is it something we should move forward with?

I hope the government takes the time to reflect on this. Based on the comments the Minister of Justice has made in this House and in the media, I am not optimistic that he is going to do that. I think for him this is a one-year delay of his plan of implementation to provide MAID to people who are suffering with mental illness. I hope he takes the time, together with his party, to re-evaluate moving ahead with this legislation. In fact, I hope they stop it, because it is wrong.

Criminal CodeGovernment Orders

February 13th, 2023 / 6:20 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I thank all my colleagues who have spoken so eloquently here these past many hours.

It will come as no surprise to my colleagues that I am opposed to medical assistance in dying and also opposed to any expansion thereof, but I will be voting in favour of Bill C-39, because what it would do is delay the imminent move the Liberal government wants to make, which is to extend MAID to those with mental illnesses.

When MAID first came to this House and was presented by the Liberal government, I was on the justice committee, and I, early on, warned this House that MAID was going to be a slippery slope, that “reasonably foreseeable” would not remain the standard by which MAID cases would be adjudicated, and that the legislation would also pose a serious threat to those with disabilities, the elderly, the poor and particularly those with mental health issues.

In August of last year, the Associated Press and the National Post both published reports on what has been happening in Canada's hospitals since the Liberal government introduced one of the most permissive assisted suicide regimes in the world. The results are alarming. In an interview, Tim Stainton, director of UBC's Canadian Institute for Inclusion and Citizenship and one of our leading experts on the subject, called MAID “the biggest existential threat to disabled people since the Nazis' program in Germany in the 1930s.”

A follow-up article in Forbes magazine written by journalist Gus Alexiou, who himself suffers from multiple sclerosis, states, “unfettered accessibility [to MAID] could...prove to be one of the most malignant forces the disability community [including those with mental disability or illness] has had to contend with since the 'mercy killings' of the Third Reich almost nine decades ago.”

This is because their reporting discovered that the people who are being targeted for MAID, and I do not think “targeted” is too wrong a word to use, are the most vulnerable Canadians: those who are disabled, seniors, those living in poverty and those with a mental illness.

Their story begins with Alan from B.C., who suffered from severe depression. He was administered MAID shortly after being taken to the hospital for a psychotic episode. His family begged the doctors not to kill him, as he had been involuntarily admitted and was in the throes of a psychotic episode when he demanded MAID. The family's pleas were ignored, and Alan was dead shortly thereafter. As Dr. Mark Komrad, a psychologist at John Hopkins Hospital, accurately predicted, our law “will provide, not prevent, suicide for some psychiatric patients.” Alan's death was not a reasonably foreseeable death. He was killed because he had a mental health condition.

Then, there was a disturbing incident where a Veterans Affairs agent casually offered MAID to a veteran with PTSD and a traumatic brain injury, something they had no business doing. To its credit, the government dealt with that employee, and I commend it for that, as I commend it for taking this pause on MAID expansion. I was in government, and I know how hard it is to walk back on things. It takes courage to do that, so I am glad the government has seen fit to do so. However, it turns out this one veteran incident was not an isolated incident; it was one of six incidents, that we know of, where it was suggested that veterans should consider assisted death.

Moreover, let us be clear about what we are talking about, because as I listened to the justice minister and read some of what has been put into print, it does not sound like he is convinced that those with mental illness should not receive MAID. It just sounds like he was not ready to go.

CBC, on February 2 of this year, quoted him as saying:

COVID slowed everything down. To be honest, we could have gone forward with the original date, but we want to be sure, we want to be safe, we want everyone to be on the same page.

We want, in particular, those health practitioners, those faculties of medicine, colleges who had some concerns to have the time to internalize what is happening.

Let me read that sentence again: “We want, in particular, those health practitioners, those faculties of medicine, colleges who had some concerns to have time to internalize what is happening.” That does not sound like an about-face to me. It sounds like the minister and the government still have every intention of moving forward with this.

According the National Post, a 2021 report by the UN “warned that Canada's liberalization of euthanasia posed a dire threats to its elderly and [infirm] populations.” That threat certainly includes those suffering with mental illness. The report said, “There is a grave concern that, if assisted dying is made available for all persons with a health condition or impairment [including mental health]...a social assumption might follow...that it is better to be dead than to live with a disability.” Given what we have seen to date, that certainly appears to be the case.

Just a little less than a year ago, last February, I received an email from a constituent. She is not my constituent but a constituent of a Liberal member of Parliament. It was sent to several MPs. I would like to read it into the record. It comes from a woman by the name of Melissa, and this is what she said:

...I was the farthest thing from a being a productive member of society. 15 years ago I was struggling really badly. I had entered into my second year of grade 10, which was due to a mental health diagnosis. I was diagnosed with PTSD, a personality disorder, major depression, and I had anxiety and was on a bunch of antipsychotics. I was in and out of crisis stabilization units, psych wards and a couple years later I got kicked out [of] a safe home for youth. I got kicked out of school and home because I was overdosing on the prescription medication and was self mutilating. I was a lost cause and didn't want [to] live and suicide was the only way out from all this pain......or so I thought.

She continued:

...it would have made me a prime candidate for MAiD, since my condition was nearly impossible to overcome apart from a miracle. I was a burden on my family, the medical system, the education system, and on top of it had chronic stomach issues and back pain which I would frequent the hospitals for. If I had an open door to access MAiD, that would have been something I would have seriously considered and would not be here to tell you about my story.

There are so many young teens that, like myself grow up in broken homes and get stuck in hopelessness and despair, and there are others who have everything they could ever want, yet still suffer from issues affecting their mental and physical health. Not everyone overcomes and it gets carried into their adult life, which makes them eligible for Medical Assistance in Dying.

She went on to say:

When you make the choice to go through with MAiD you no longer have an opportunity to go back and reconsider your decision. I know people suffer, and life can be tough and there are moments that seem unbearable. But there is Hope!!!! I've been there before. I suffered for over 10 years, I started on antidepressants by the age of 12, and by [the] middle of high school I had lost my mind and just wanted to end it.

Yet taking life is a very serious matter. I met Jesus who became my hope, I know that the name of Jesus has been frequently misrepresented but, the Jesus I met truly takes away needless pain and suffering.

Then she addressed her Liberal member of Parliament and asked him to reconsider his support for this particular bill.

Sadly, this is happening in Canada at the same time as we are facing a growing and serious health care crisis that has been exacerbated by years of COVID, restrictions and delays. Millions of Canadians are unable to access primary care, and wait times for doctors, appointments, surgeries, mental health support and emergency room visits are among the longest in the developed world.

Since it was expanded, MAID has seen a dramatic upswing, exacerbated by COVID-19 and the inability of too many Canadians to access timely and proper health care, including a lack of mental health supports. In fact, in an Angus Reid survey that just came out today, 55% of Canadians are worried that the expansion of MAID will become a substitute for social services.

An ER doctor recently told my office that prior to COVID, mental health cases accounted for one in every seven ER visits. Post-COVID and post-restrictions, that number is one in three. According research in the National Post, 2020 saw a 17% increase in MAID deaths over 2019 that disproportionately involved the elderly. I see no reason why we will not see an even more significant jump if MAID legislation is permanently expanded to include mental illness.

I recognize there are many for whom every day is a struggle and for whom mental health and physical health issues are debilitating. I will not begin to pretend that I know what it is like, and I want to be sensitive to that, but I believe that every human life, whatever the contents and challenges of that life may be, holds an innate and sacred dignity. Only God can give life and only God should be able to take life. It is my deeply held conviction that from conception to natural death, life is a precious gift.

It is the role of government to seek the best for all its citizens. We must adopt policies that embrace that gift, policies that uphold life and reinforce the value of every citizen. As Pope Francis put it during his recent Canadian tour, “We need to learn how to listen to the pain...of patients who, in place of affection, are administered death.”

We need to be there for the elderly, the infirm, the disabled. We need to be there for those who are suffering from mental illness, not offering the needle—

Criminal CodeGovernment Orders

February 13th, 2023 / 5:55 p.m.
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Conservative

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.

Criminal CodeGovernment Orders

February 13th, 2023 / 5:40 p.m.
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Conservative

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.

Criminal CodeGovernment Orders

February 13th, 2023 / 5:25 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, I am pleased to be able to join this debate.

The underlying legislation of Bill C-39 is very simple. The government is simply asking that it be given more time to introduce safeguards, guidelines and professional practices that would allow assisted deaths to be administered in such a way that mistakes are not made. However, we already know that mistakes are being made under the current regime, so that should not give Canadians any confidence. In fact, Bill C-7, which is the bill that has given rise to this request for an extension, is just another case of the Liberal government getting it so wrong by failing to consult in advance and then, after the fact, trying to fix all the mistakes and fill in all the gaps.

This is another story of failure, and what I would like to do is explain a bit of the context. Members may recall that back in 2015 the Supreme Court of Canada, for the first time, opened up the door to legalized assisted suicide, and the Liberal government then responded with Bill C-14, which restricted MAID, or medical assistance in dying, to those who were at the end of their lives and living in intolerable, grievous pain. We were assured this was not a slippery slope that was intended to include other vulnerable Canadians in Canada's assisted death regime. That is what we were told. Many of us did not take the government at its word. We did push back, but the government passed the legislation anyway.

Sure enough, here we are, some eight years down the road, and our fears were confirmed when the Quebec court, in the Truchon case, ruled that limiting MAID to those whose natural death was reasonably foreseeable was unconstitutional. The government did not appeal that case, a seminal case because it is opening up a life-and-death piece of legislation and expanding it without a reference to the Supreme Court of Canada. I believe that was an abdication of responsibility in itself. Instead, the government chose to accept the ruling and move forward with Bill C-7, which ended up extending MAID to include, among others, the mentally ill.

I want to be clear here. I do note that the original Bill C-7, which was introduced by the justice minister, did not include the mentally ill in Canada's assisted suicide regime. However, when that piece of legislation, Bill C-7, went to the Senate, the other place, the senators inserted a provision expanding and extending assisted suicide to the mentally ill in Canada. When it came back to this House, the government, instead of pushing back, the way one would expect a government to do, simply rolled over and said it would accept it the way it was, and that is now becoming the law of the land.

Bill C-7 also provided that the mentally ill provisions of Bill C-7 would come into force in two years. That is the sunset clause some people talk about. During that period of time, proper safeguards and practice standards were to be put in place to ensure that mistakes were not made. Not surprisingly, as it is a Liberal government, it got to the end of the two years, and virtually nothing has been done. The government actually struck an expert panel to review this, but it did not give that panel the right to review the merits of the underlying assisted suicide regime in Canada.

There is also a joint parliamentary committee between the Senate and the House that is still reviewing these provisions, and I am looking forward to that report. However, again, the mandate of the committee did not include any real, substantive review and investigation into the substance of medically assisted suicide. All it was allowed to do was tinker around the edges to implement a policy that has life-and-death implications for many Canadians.

Here we are. We have no safeguards and there are no guidelines for our practitioners, but we support the bill because we are trying to push this down the road as far we can. I will mention why in a moment.

The woefully inadequate rollout of the government's MAID regime is a manifestation of a Liberal government that appears to be in disarray and whose ideology is moving Canada from a culture of life to a culture of death rather than providing the necessary resources to our most vulnerable. Many in the House have raised that issue and have asked this: Why is it even necessary to apply assisted suicide to the marginalized in Canada, the vulnerable? They ask because right now we are not providing them with the resources and supports they need to live a satisfying and joy-filled life.

What is really of concern is that numerous stakeholders have said they oppose Bill C-7. By the way, there is no broad consensus in Canada that we move forward with assisted suicide for the mentally ill. There is some consensus for MAID to be in place for other cases where there is extreme pain involved, but Canadians do not support extending it to the mentally ill.

What is also of concern is that the government has now signalled that it will go beyond the mentally ill and would like to include mature minor children in this regime. The government is charging ahead with a life-and-death policy that has increased Canada's momentum down the slippery slope that we had warned of.

Is death now seen as a more cost-effective way of managing the most vulnerable in our society? Many have posited that this is the case now. Canadians have a right to question whether their government can be trusted on issues of life and death. If this is being extended to the mentally ill and to mature minors, what about the indigent? What about the homeless? What about the drug addicted? What about veterans? We know that veterans have already been counselled by the government to consider MAID as an option to serve their needs and provide them with support. We know that people who are arriving at the food banks are asking where they can access MAID, because they do not want to live in poverty anymore. That is a reflection on us as parliamentarians. It is a reflection on our country, and we can do better.

There is, however, some good news, and I will end with it.

I recently tabled a private member's bill in the House, Bill C-314, the mental health protection act. It would reverse the Liberal government's reckless acceptance of the unelected Senate's assisted death amendments. It would arrest the dangerous momentum that the expansion of medically assisted death has triggered on the slippery slope. Under my bill, Canadians whose sole underlying medical condition is a mental disorder would not qualify for MAID. At the same time, the preamble to my bill calls upon the government to finally deliver the mental health supports that have repeatedly been promised in federal budget after federal budget but have never been delivered. This is the least we owe to those who struggle with mental illnesses such as depression.

In closing, to ensure that we do not implement the mental health provisions of Bill C-7 before the House has an opportunity to revisit my piece of legislation, we on this side are very supportive of moving forward and passing the bill expeditiously. It will buy another year and push the whole issue of the mentally ill down the road, and we will make sure that we implement private member's legislation that actually protects the most vulnerable.

Criminal CodeGovernment Orders

February 13th, 2023 / 5:25 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I guess I am troubled by the trajectory of the MAID discussion and MAID legislation. I am glad Bill C-39 is here to delay this a bit more. The member talked about how he predicted the slippery slope. Where else could this go?

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February 13th, 2023 / 5:10 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I have decided to share today for the first time the story of my young cousin Gabriel, who died by suicide on March 25, 2021. I hope his story provides some comfort to others and sharpens our understanding about the impact of the government’s proposal to legalize suicide for those with mental health challenges.

Gabriel was born here in Ontario, but spent most of his life in the United States. He had a loving and supportive family, which included three siblings, but he struggled throughout his life as a result of personal health circumstances that were generally hard to classify. He had Asperger’s syndrome and other things that affected the way he experienced the world. These health challenges made it difficult for him to form relationships with his peers and contributed to a sense of rejection and loneliness, but his family was always there for him, helping him work through the challenges and helping him to see his God-given dignity and purpose.

In conversations, my uncle has reflected on the contrast between Gabriel’s experience and that of his younger sister, Anastasia. Anastasia has Down syndrome. Society perceives her as having a disability. In fact, babies with Down syndrome face an extremely high abortion rate because our society fails to value people with Down syndrome, and also because it is poorly understood. Though perceived as having a visible disability, Anastasia is full of life, joy and happiness, which she effortlessly shares with all she encounters, especially those who are suffering. Gabriel, by contrast, did not look any different. He did not have an easily recognizable disability, but had immense pain that was largely invisible to the world around him.

I last saw Gabriel during a family road trip in 2019. At the time, he was working as an independent construction contractor and doing very well. However, as happened with many young small business owners, his business was hit hard by the circumstances of the COVID-19 pandemic, even though he himself was not at great risk from the virus. In March of 2020, a lot of North America and the world shut down as a result of fears about this novel coronavirus. People died from the virus, but many also lost livelihoods and communities, as well as opportunities to engage in meaningful work, so many died by suicide, in proportions that we will never know precisely.

The current government chose these unusual circumstances as the time to push forward its radical agenda of legalization of medically facilitated suicide for those facing mental health challenges. It brought its new euthanasia law into force on March 17, 2021. This bill made changes to the euthanasia regime in Canada that were universally decried by the disability community.

As it relates to mental health, the bill contained a mechanism by which the prohibition on legalized medically facilitated suicide would automatically expire two years later, on March 17, 2023. Thus, the government legalized suicide for those with mental health challenges, but delayed the coming into force of that legalization until this year. Meanwhile, my cousin died by suicide eight days after the passage of the legislation, on March 25, 2021, just shy of his 26th birthday.

These events were not connected. My cousin was not following Canadian politics at the time and would not have seen our deliberations as being relevant to him where he lived. Nonetheless, as I got the call from my father in the lobby of this very chamber, I thought about the many people like Gabriel who will be affected by our work, the many people like Gabriel who live with unseen pain, have highs and lows, and are deeply loved by family and friends.

Until now, the message we have all sought to deliver to people like Gabriel is that they are loved and valued and that their lives are worth living. It has been famously said, “He who has a why to live for can bear almost any how.” This insight was explored in depth by the great psychiatrist and concentration camp survivor Dr. Viktor Frankl. Frankl observed and reflected on the circumstances of his fellow prisoners and came to realize how important meaning is to human life.

Human beings are highly adaptable to circumstances, even when those circumstances involve extreme pain. Their ability to endure that pain hinges on their sense of meaning and purpose. I say it again, “He who has a why to live for can bear almost any how.” Frankl developed a psychological method called “logotherapy” out of this insight, meaning that, in a therapeutic context, helping people develop an understanding of their purpose and their meaning provides the critical ingredient for happiness, even happiness in spite of pain.

For someone suffering from physical or mental health challenges, there is the immediate treatment or therapy they receive, but there is also the larger social context that shapes their ability to see meaning and value in their life in the midst of suffering. I think colleagues here will identify with the fact that, when someone in our family is suffering from mental health challenges, we seek to help them reduce or eliminate their pain, but we also seek to show them that their life has value and meaning in the midst of that pain.

The problem is that we now live in a society that increasingly misidentifies the meaning of life as being the avoidance of pain. We follow Bentham in thinking that happiness is simply the maximization of pleasure over pain, instead of appreciating the historically much more common insight that happiness consists in the life well lived and the life lived in accordance with meaning and purpose.

Today, many people think that there is no point in living if one suffers, whereas in the past it would have been universally accepted that a person can live a good, meaningful and even happy life that includes a measure of suffering and pain. If we, as a people, come to define meaning and happiness as the avoidance of pain, then we contribute to a loss of hope for people like my cousin. He can live a good life if he is able to believe that his life has value and meaning in spite of his pain. However, if he is made to believe that the good life consists solely in the avoidance of pain, then he must endure both the pain of the moment and the loss of perceived purpose and value. The combination of pain with a loss of purpose is likely always a cross too heavy to bear.

My uncle told me that his message to Gabriel was always “We'll get through this; we'll figure this out.” Gabriel's family sought to push back against the idea that an early death was inevitable for someone like Gabriel, showing him that a good life was possible and that obstacles could be overcome.

However, when legislators endorse medically facilitated suicide for those who are grappling with questions of purpose and meaning in the midst of great pain and suffering, we send them the message that their life is not worth living and we undermine their pursuit of meaning in the midst of that suffering. When doctors or when employees at Veterans Affairs Canada put suicide on the table as a way out, then they sharply send the message to the sufferer that maybe their life is not worth living or that early death is inevitable because of what they're going through.

Today, I would like to send a different message. I would like to say to the Gabriels of the world that they are loved, they are valued and their suffering and pain do not rob them of their essential human dignity or their ability to live out a noble purpose in the world. I want to send that message because it is true, but also because it is therapeutically useful, so that all those who are looking for meaning in their life can know that such meaning can be found even in the midst of pain. Notwithstanding the government's position, I hope that my statement today does send that message.

I know that the government's response to this is to suggest that there is some sharp moral and legal line between suicide on one hand and MAID on the other, with MAID or “medical assistance in dying” being the uniquely Canadian and politically manufactured term for when a medical professional intentionally kills a patient. Is MAID for a person with mental health challenges the same thing as suicide? Of course it is. The only difference is that the actual pulling of the trigger is done by someone else. It is suicide with an accomplice. Is MAID available to the suicidal? Either MAID is for those who want it or it is for those who do not want it. Assuming that MAID is still supposed to be only for those who request it, and since the term “suicidal” literally means “desiring suicide”, then MAID is for, and only for, those who are suicidal, by definition.

The minister responsible for mental health recently told the House, “All of the assessors and providers of MAID are purposely trained to eliminate people who are suicidal.” Perhaps her use of the term “eliminate” was a Freudian slip, but if she means that those who are suicidal are not eligible for MAID, then who in the world is eligible for MAID? Is it the non-suicidal? It becomes evident, when one provides simple definitions for the words being used, that so-called MAID is the same as medically facilitated suicide, and therefore that the policy of the government is to have the medical system offer to facilitate the suicide of those who are experiencing suicidality as a result of mental health challenges. Such an offer fundamentally changes the message that those suffering will receive from society about the meaning and value of their lives.

Specifically, the House is today debating Bill C-39, a bill that would extend the coming into force of this heinous reality for another year. I support Bill C-39, because I will support any measure that further delays the coming into force of this horror. Conservatives believe that this should be delayed indefinitely. In the meantime, we will vote for the legislation in front of us. Who knows? Perhaps the extra year will mean an election and a chance to euthanize this grievous and irremediable proposal once and for all.

Finally, I know that many members of the government share my opposition to the proposal, at least privately. I spoke earlier about the work of Viktor Frankl. In his work on logotherapy, he outlined how moral distress can be detrimental to a person's mental health. He tells the story of one patient who experienced great moral distress because of things he was asked to do at his job. His psychiatrist had for years been working with him on a complicated regimen that involved the re-evaluation of events in his childhood. Frankl himself told his patient to just get a new job, which solved the problem entirely.

To those experiencing moral distress, they should not over-complicate a simple matter. They will lose their sense of self and their own sense of meaning in life if they sacrifice their moral judgment to a fanatical justice minister. Please stand for what is right. For the Gabriels of the world, there is too much at stake.

Criminal CodeGovernment Orders

February 13th, 2023 / 5:05 p.m.
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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, I thank my colleague for his effort.

That said, if Bill C-39 were withdrawn, on March 17, mental disorders would not be excluded from medical assistance in dying. It is important to know what we are talking about.

Also, I do not know on what authority my colleague can claim that he would have had access to medical assistance in dying, given that the expert report clearly states that no expert on the planet considers suicidal ideation to be irreversible. Therefore, even if he was thinking about suicide, he would not have had access to medical assistance in dying.

What makes him say that he would have had access to MAID?

Criminal CodeGovernment Orders

February 13th, 2023 / 4:55 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, it is important to outline what we are talking about here today: Bill C-39. Currently, due to Bill C-7, the Criminal Code explicitly states that, when it comes to MAID, mental illness is not to be considered an illness, disease or disability. However, when Liberals passed Bill C-7 two years ago, it had a sunset clause, and this is an important clarification. That means an important guardrail protecting those with mental illness from being eligible to seek MAID during times of depression or other crisis would expire two years after that bill passed, which means it is set to expire next month.

Now the Liberals, having heard the outcry from across the country, from the medical community and those serving the folks with mental illness, have introduced Bill C-39. This is a last-minute attempt to save face by extending the prohibition on MAID for mental illness for one more year. That is not good enough.

Conservatives have been united in our opposition to expanding the Liberal government’s medical assistance in dying regime to Canadians with the sole underlying condition of mental illness. We do not believe that medical assistance in dying is an acceptable solution to mental illness and psychological suffering. Our health care system should help people find hope when they need to live and not assist in their deaths.

Allowing MAID for people with mental illnesses such as depression blurs the line between suicide assistance and suicide prevention. Experts have been clear that expanding eligibility for medical assistance in dying to Canadians living with mental illness cannot be done safely. It is impossible to determine the irremediability of an individual case of mental illness.

For example, Dr. Sonu Gaind, who is the physician chair of the MAID team at the Humber River Hospital in Toronto, where he is chief of psychiatry, states, “I know that some assessors think they can make those predictions of irremediability in mental illness, and some assessors think they can separate what we consider traditional suicidality from what’s fuelling psychiatric MAID requests. And on both counts they’re wrong. The evidence shows that.”

Andrew Lawton, Canadian columnist and journalist, wrote a harrowing personal article two years ago, stating:

If Bill C-7 were the law of the land a decade ago, I’d probably be dead....

In 2010, I nearly succeeded in committing suicide. My battle with depression was worsening, and I was losing. Miraculously, I pulled through: I count my lack of success in that attempt as my happiest failure, for which I’m grateful to God’s intervention and a team of dedicated healthcare practitioners.

It’s saddening to think that under different circumstances, these practitioners could have been the ones killing me rather than saving me....

Bill C-7 undermines years of attention and billions of dollars of funding to bolster mental illness treatments and supports, including, ironically, suicide prevention and awareness campaigns and programs.

This bill kills hope and reinforces the flawed belief afflicting those with mental illness, that life is not worth living and that one’s circumstances cannot improve.

Every time I have risen to speak on these bills, that has been my emphasis as well: Life is worth living. Every life has dignity and value. We need to be far better as a nation at communicating that to those who need to hear it the most.

Two years ago my friend Lia shared her story with Canadians. She said, “I was 15 when I first tried to kill myself and I attempted suicide seven times in the years that followed...I’m speaking about my mental health struggles because I’m scared that doctors could soon be able to end the lives of people suffering with mental illness - people like me. To be honest, if medically assisted suicide had been available when I was in university, I would have used it to end my suffering as soon as I could.”

This is Lia's call to parliamentarians: “I don’t need someone to tell me how to die, I need someone to tell me to stay.”

The House should be writing laws that instill the value of life and that there is no question this is what we value. Laws need to encourage people to stay rather than seek to end their lives.

Dr. John Maher is an Ontario psychiatrist and editor-in-chief of the Journal of Ethics in Mental Health. Dr. Maher has highlighted that the wait times for mental health treatment in Ontario programs are up to five years long, and that one of his patients recently told him that he would like assisted suicide because he believed that nobody loved him.

Dr. Maher also rejects assisted suicide as a solution for mental illness by stating the following:

You're assisting someone in the completion of their suicide. The doctor is the sanitized gun...I'm not at all disagreeing that there are people who have an irremediable illness. What I defy you or any other person in the universe to prove to me is that it's this person in front of you.

The suicide prevention community has also pointed out the harsh reality for costs. Shawn Krausert, the executive director of the Canadian Association for Suicide Prevention, testified at committee and said the following:

Ending the life of someone with complex mental health problems is simpler and likely much less expensive than offering outstanding ongoing care. This creates a perverse incentive for the health system to encourage the use of MAID at the expense of providing adequate resources to patients, and that outcome is unacceptable.

Most Canadians do not support expanding MAID to those with mental illness as the only underlying condition. Today, a survey was published in which a mere 30% of Canadians support MAID for those who have a mental illness.

I can assure members that, among my constituents, that number is far lower. The vast majority of my constituents want the federal government to focus on helping people live well and to invest in palliative care and suicide prevention instead of assisted suicide.

Some of the petitions I have tabled here over the years were sent to me by constituents who have recognized that suicide is the leading cause of death for Canadians between the ages of 10 and 19. They are specifically calling on the government to protect Canadians struggling with mental illness by facilitating treatment and recovery, not death.

I agree with my constituents, and the majority of Canadians, that the government should withdraw this bill entirely and table a bill that permanently removes the extension and expansion of assisted suicide for mental illness when it is an underlying condition.

I want to end with some words from my friend Lia. She says:

I want to say right now, to whoever might need to hear this: death doesn’t have to be the answer. It takes work. It takes time. It takes others. And it's complicated. But there is hope...I’m sharing my story because I’m not the only one who has more to live for. There are people in your life who do too. As someone who struggles with mental illness, I don’t need someone to tell me how to die. I need someone to tell me to stay.

Criminal CodeGovernment Orders

February 13th, 2023 / 4:40 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to thank our hon. colleague from Cariboo—Prince George from the bottom of my heart for the work he has done in this place for people who are suffering from mental illness and who are feeling suicidal ideation, and on the need for the ability to get that 988 number. I know how heartfelt his engagement is on this.

I will also be voting to see Bill C-39 through, but I probably differ from my colleague on the question of at what point do we say there has to be, with proper protocols and rules, access for people to medical assistance in dying. Is the member open to considering at some point, if there were a medical consensus on this, that we should proceed to extend to mental health issues as well?

Criminal CodeGovernment Orders

February 13th, 2023 / 4:25 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I rise today to speak to Bill C-39, an act to amend the Criminal Code with regard to medical assistance in dying. It is a bill I will be supporting to protect the most vulnerable Canadians from the Liberal government's reckless expansion of medical assistance in dying to Canadians who are suffering solely from a mental illness.

Unbelievably, if Bill C-39 does not pass, Canadians struggling with a mental disorder or illness will be able to access MAID as early as next month. As the Canadian Association for Suicide Prevention said, “Just as life is getting harder in Canada, it is getting easier to die.”

It is important to be perfectly clear that when considering MAID in the context of someone who is not dying as a result of their condition, such as a mental disorder alone, we are talking about suicide. It is almost as if the Liberals have given up. Instead of protecting the most vulnerable in society, they have opted for the easy way out. They have chosen a dangerous path, a slippery slope. They have opened medical assistance in dying to the most vulnerable in our society, and now they want to stop the clock, buy more time and find another politically expedient reprieve without doing anything to help.

I listened intently to the debate today, and honestly, it almost makes me ashamed to be a politician. Earlier today, the minister said that we need more time. Yes, we do. I have said this since the very first debate we had on MAID in 2016. During my intervention back then, I said as a new member of Parliament that nothing prepares one to adequately debate or intervene on such a weighty issue. We need to ensure we get this right, yet the Liberals rushed it through.

We have all heard very real stories: an Ontario man requesting MAID because it was more preferable than being homeless, the woman who has applied for MAID after seven years of not finding affordable housing and Canadians accessing food banks and asking for help with MAID. More and more Canadians are struggling, and we should be doing everything to support them, not giving up on them. We have also heard the unbelievable stories of Veterans Affairs employees suggesting MAID to veterans who are struggling with post-traumatic stress disorder. These are real stories; they are not sensationalism.

As the Canadian Mental Health Association has said, “Canada is failing to meet its human rights obligations when [Canadians] with a mental illness cannot receive the programs, supports and resources they need to be well and live with dignity.” The government is failing to provide even the most basic programs and supports.

This is a topic that my constituents feel very strongly about. It is a divisive topic, to say the least, and I respect people's decisions, but one thing is clear: A majority of my constituents, and indeed Canadians all across our beautiful country, are against the expansion of MAID for Canadians solely dealing with mental illness or disorders.

Canadians need to know what we are fighting for today. We need to look beyond what we are debating. The simplicity of Bill C-39 is a contradiction to the complexity of the issue. What we are really talking about is the ability for those suffering with mental illness to end their lives. Instead, we should be here today talking about what we can do to help those in need and what we can do to provide the services that will save lives.

Earlier today and throughout the debate, the Liberals have tried to explain away the provisions that included mental illness in MAID. They have attempted to shift the focus from what is actually happening to what is politically expedient, with the exception of our hon. colleague from Thunder Bay—Rainy River, whose speech I truly appreciated. Instead of addressing the issue head-on, they are looking for us as parliamentarians to buy more time to find a soft landing.

I will be voting in favour of Bill C-39, but I cannot support the addition of suicide to MAID ever. Let us be honest that this is exactly what we are talking about. There are times when partisan politics are called for and this not one of those times. We can disagree on tax hikes, we can disagree on gun legislation and we can disagree on who is best prepared to move our country forward. However, we cannot disagree on the importance of life and the importance of fighting for those who are struggling and who believe their only way out of the hardship they are experiencing is death. Is that not what we are here for? Is that not what all of us, all 338 members of Parliament, ran on? Was it not to stand up for those who are struggling, Canadians from coast to coast?

We need to be doing everything we can to make sure we are helping those who are struggling and who are the most vulnerable. We should be focused on offering help and treatment rather than assisted death.

Just two short years ago, all members of the House stood and voted in favour of creating an easy to remember three-digit suicide prevention hotline. It has been a long road forward, but this fall, Canadians who find themselves in trouble will have a chance to get the help they need. When seconds matter, they will not be forced to google a 10-digit number. They will simply pick up their phone to dial or text 988, and they will be able to talk to a person to start the process to get help.

The 988 hotline will not be the end point. It will be the beginning. It will provide one more tool with which those who are suffering can reach out for help.

As many of my colleagues know, I have dedicated my life to fighting for those who suffer silently or struggle with mental illness. I have sat with so many families devastated by suicide whose only hope is that we do everything in the House to ensure other families never experience what their families have. There is so much pain and so much guilt. Through my work, I have met many who have struggled with mental illness or mental injury due to their service.

I think about my friends. Jason is a giant of a man who was a firefighter. He was gripped with PTSD and wanted to die by suicide, but instead, he chose life. Now he helps others on their journey to beat PTSD and OSI. My friend Kent continues to serve our community each and every day. I think about their families every day and how I am so thankful my friends chose life.

I think about my own life and how at one point, I was struggling. It was one intervention, one by chance intervention that made me chose life. When someone is struggling with a mental injury, it is sometimes tough to see the forest through the trees. Sometimes people cannot see the light through the darkness. Sometimes people just need someone to tell them they are fighting for them and to help them get the assistance they need.

I live every day to fight for those who are struggling. We need to be doing everything we possibly can to make lives easier for Canadians, to give hope when it seems there is none. We need the government to be working with stakeholders to find the means to support those with mental illness. We have spent far too long talking about it. We have spent far too much time on studies that sit on shelves somewhere and gather dust. We have spent far too long doing nothing.

I will be supporting this legislation, but I will never support the inclusion of mental illness in MAID. It is a slippery slope. We need to take the next year or longer, find out how we can provide real support and figure out where we can actually make a difference. We need to spend the next year at least working on solutions that will keep Canadians alive.

A few weeks ago, I had a meeting with a man whose young daughter had ended her life by suicide. We spoke over Zoom for almost an hour, and I listened to his story. I heard the grief. I heard the despair, and I heard the regret.

Those who have children know what I am talking about. We live our lives to make our children’s lives better. We want the world for them. We want to give our kids everything we never had. We want this place to be better for them, and we want them to know we care.

What I heard in that man’s voice was utterly devastating. It was heart-wrenching. He said to me, “Todd, I can live with the death of my daughter, but thinking of what she had to go through, how many hoops she had to jump through just to access help, and how she had to navigate her crisis all alone is unbearable.” He said that he can live with the death of his daughter.

I honestly do not know how someone can listen to those words and think that what we are doing here is totally acceptable. I do not mean the year-long reprieve the government wants us to support. I mean the fact that we are even at this point, having this discussion. Until we have provided every support, exhausted every means, done everything we possibly can to help someone through their pain and suffering, my God, how can we even be here talking about this? The impact of that meeting will live on with me forever: the pain in his voice, the hurt, and the image of his daughter reaching out for help that was not available.

Conservatives do not believe that medical assistance in death is an acceptable solution to mental illness and psychological suffering. Our health care system should help people find the hope that they need to live, not assist in their deaths.

Criminal CodeGovernment Orders

February 13th, 2023 / 4:10 p.m.
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Conservative

Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC

Madam Speaker, I rise today to speak to Bill C-39, an act to amend an act to amend the Criminal Code (medical assistance in dying), introduced by the Liberal Minister of Justice. This is obviously a particularly delicate subject.

The bill corrects a mistake made by the Liberal government. Another mistake, some will say. This government makes hasty, last-minute decisions and, as usual, has to backtrack. It is correcting one of its mistakes, but in doing so it will make another.

Let us look back to fully understand where we are today. When the government was preparing to amend the medical assistance in dying legislation in accordance with the most recent directives of the Superior Court of Quebec in 2021, the Senate made an unexpected amendment that would allow, starting on March 17, 2023, the provision of medical assistance in dying to individuals whose sole underlying medical condition is a mental illness. The Liberals then said, yes, why not. the Liberal government accepted the amendment, which is now part of the legislation.

The amendment was accepted without study, reflection or any serious consultation. The date set, March 17, 2023, is completely arbitrary. What was the Liberal government's reasoning at the time for accepting this amendment? How did it come up with the date of March 17, 2023? It obviously relied on its political guesswork, and God knows just how much the Liberals govern haphazardly, without a compass, and by improvising in an indecent and dangerous manner. This decision is just one of many very bad decisions made by the Liberals since taking office.

There are two problems with this measure. The first is expanding medical assistance in dying to people whose only underlying medical condition is a mental disorder. The second is setting the date of March 17, 2023, an arbitrary date that was selected without argument or justification.

Let us look at what is being done elsewhere, and not just anywhere. Let us look at Quebec, where the subject of MAID and dying with dignity has seized Quebec parliamentarians for many years. I know, because I was there as an MNA and minister and I voted in favour of MAID. In my soul, my heart and my conscience, I believe that that was the right decision.

With a view to now expanding medical assistance in dying, in its great wisdom, the Parliament of Quebec is taking its time, thinking and studying. The Quebec National Assembly set up a multi-party Select Committee on the Evolution of the Act respecting end-of-life care. It closely examined whether the scope of medical assistance in dying could be broadened. It tabled its report, which was unanimously adopted by the National Assembly in December 2021. This is recent.

Imagine. The Select Committee on the Evolution of the Act respecting end-of-life care does not recommend that medical assistance in dying be made available when a mental disorder is the sole underlying medical condition. It was obvious to the MNAs who sat on the committee that Quebeckers are not there and that there is no social acceptance of this issue.

However, the Quebec committee did not stop there. It went even further. In order to eliminate any possible grey areas, the committee recommended that the Government of Quebec amend its act to specify that medical assistance in dying is not available in instances where a mental disorder is the sole underlying medical condition.

On page 58 of the committee's report, it states, and I quote:

The Committee recommends that access to medical aid in dying not be extended to persons whose only medical condition is a mental disorder; that, to this end, section 26 of the Act respecting end-of-life care be amended.

The committee added:

This recommendation is in line with the precautionary principle that Québec has upheld since the beginning of work on medical aid in dying. We believe that the risks associated with extending access to medical aid in dying to persons whose only medical condition is a mental disorder would entail too many variations and could therefore not be closely monitored.

It goes on to say:

In order to implement this recommendation, we believe that section 26 of the Act respecting end-of-life care should be amended to avoid the possibility that a mental disorder as the only medical condition give access to medical aid in dying.

The committee refused to extend access because of problems relating to incurability, social acceptability, diagnosis and lack of consensus among members of the public and within medical professional organizations.

The committee therefore opted to follow the precautionary principle. As I said before, this is the element that was so regrettably lacking from the Liberal government's decision-making process. Once the Quebec committee completed its work and submitted its unanimous report, the Government of Quebec introduced its Bill 38 in May 2022, which was less than a year ago. The Government of Quebec endorsed the committee's recommendation. To be clear, Bill 38 was never passed because there was an election, so it died on the order paper.

The bill would have amended section 26 of the act by adding a prohibition on administering medical aid in dying to a person whose only health condition is a mental disorder. I will quote clause 13 of the Government of Quebec's Bill 38:

A patient who meets the following criteria may make a contemporaneous request:

(1) be of full age and capable of giving consent to care;

(2) be an insured person within the meaning of the Health Insurance Act...

(3) suffer from a serious and incurable illness or a serious and incurable neuromotor disability;

(4) be in an advanced state of irreversible decline in capability;

(5) experience constant and unbearable physical or psychological suffering which cannot be relieved under conditions that the patient considers tolerable.

What I am about to say is important:

For the purposes of subparagraph 3 of the first paragraph, a mental disorder is not considered to be a serious and incurable illness.

Canada does not exist in a vacuum, and it is not disconnected from what is happening in Quebec. The difficulties experienced by Quebec exist across the country as well. We are not prepared for this expansion. If we do not take action now, if we do not pass this bill, in less than one month, people living with a mental illness could have access to medical assistance in dying. We do not want that, Quebeckers do not want that, and Canadians do not want that. Canadians would not understand our lack of action. That is why we need to vote in favour of this bill.

However, we will vote for it reluctantly and with heavy hearts. We do not want the change to take effect on March 17, 2023, but there is another catch in this bill.

Bill C-39, introduced by the Minister of Justice, extends the deadline by one year. The bill extends the March 17, 2023, date to March 17, 2024. Why is it one year? Why not push it back two years? Why not suspend or abolish this section altogether? Why rush the expansion of MAID to people living with mental illness when the country does not want it and when doctors themselves are divided on the issue?

I would like to close by saying that medical assistance in dying is a sensitive issue that speaks to our values and our history, too. What we are asking of the Canadian government is not to simply postpone the date. We are asking the government to give us time, as parliamentarians and as Canadian citizens, to take the time needed. I believe that rushing such matters is always ill-advised.