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An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Mark Holland  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends An Act to amend the Criminal Code (medical assistance in dying) to provide that persons are not eligible, until March 17, 2027, to receive medical assistance in dying if their sole underlying medical condition is a mental illness.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-62s:

C-62 (2017) Law An Act to amend the Federal Public Sector Labour Relations Act and other Acts
C-62 (2015) Safer Vehicles for Canadians Act
C-62 (2013) Law Yale First Nation Final Agreement Act
C-62 (2009) Law Provincial Choice Tax Framework Act

Votes

Feb. 15, 2024 Passed 3rd reading and adoption of Bill C-62, An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2
Feb. 15, 2024 Passed 3rd reading and adoption of Bill, (previous question)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-62 proposes to extend the exclusion of mental illness as a condition for medical assistance in dying (MAID) by three years, until March 17, 2027, to allow provinces and territories additional time to prepare their healthcare systems and implement necessary safeguards. This extension is intended to ensure the safe and consistent application of MAID for individuals whose sole underlying medical condition is a mental illness, while also requiring a parliamentary review before the exclusion expires. The bill responds to concerns about the healthcare system's readiness and the complexities of assessing MAID requests based on mental illness.

Liberal

  • Three year extension needed: The Liberal Party supports extending the temporary mental illness exclusion for MAID eligibility by three years, until March 17, 2027. This extension is necessary to ensure the health care system is prepared to safely provide MAID in cases where it is requested on mental illness grounds.
  • Provinces and territories not ready: While the federal government is responsible for the criminal law aspects of MAID, the provinces and territories are responsible for implementation within their healthcare systems. The provinces and territories have expressed that they are not yet ready for the expansion of MAID eligibility on the basis of mental illness alone.
  • Progress in MAID resources: The government has taken steps to support the implementation of MAID, including amending regulations for monitoring MAID, developing a model MAID practice standard, and supporting the creation of a Canadian MAID curriculum. These resources aim to ensure a standardized and safe approach to MAID assessments and provisions.
  • Focus on Indigenous consultation: Recognizing the need for engagement with Indigenous communities, the government has launched a two-year engagement process to hear the perspectives of First Nations, Inuit, and Métis peoples. This consultation aims to inform the implementation of MAID and ensure culturally safe practices.

Conservative

  • Opposes MAID expansion: The Conservative party is against expanding MAID to include those with mental illness as the sole underlying condition. They argue MAID was originally intended for those with incurable physical illnesses causing intolerable pain and where death was reasonably foreseeable, and that the expansion is a dangerous slippery slope.
  • Government failed to consult: Conservatives believe the Liberal government failed to properly consult with Canadians and experts on the MAID expansion. Members feel that the provinces and territories have voiced concerns, stating they are not ready for the expansion.
  • Lack of adequate support: The Conservative party emphasizes that MAID is being considered by individuals due to a lack of adequate mental health support, palliative care, and disability support. The party highlights instances where MAID was offered instead of providing necessary resources, indicating a systemic failure.
  • Irremediability determination is difficult: Conservatives argue that it is difficult, if not impossible, to determine the irremediability of a mental disorder in individual cases. Referencing expert testimony, they state that people can recover from long periods of mental illness with appropriate treatment, and that expanding MAID may lead to unnecessary deaths.

NDP

  • Fails to protect vulnerable: Angus believes that the failure to put guardrails in place to protect vulnerable people is a major issue with MAID. He emphasizes the importance of getting MAID right for the benefit of all, considering the rights of both the individual and their loved ones.
  • Believes Senate overreached: Angus criticizes the Senate's push for an arbitrary date to extend MAID to individuals suffering from mental illness and depression. He views this as an outrageous and poorly thought-out overreach, arguing that Parliament should have rejected it.
  • Need for mental health support: Angus underscores the urgent need to address the mental health crisis and provide adequate support for those suffering from mental illness. He argues that resources should be directed towards mental health services rather than solely focusing on facilitating access to MAID for individuals with depression.
  • Bill is a gutless punt: Angus criticizes the current bill as a temporary fix that will simply delay the issue for three years. He says it fails to address the fundamental failures and arrogance that led to the current situation.

Bloc

  • Supports advance requests: The Bloc supports allowing advance requests for MAID, particularly for those with neurodegenerative diseases like Alzheimer's and Parkinson's, as Quebec law allows. The Bloc is critical of the Liberal government, Conservatives, and NDP for opposing amendments to the Criminal Code that would align with Quebec's law.
  • Criticizes government delay: The Bloc criticizes the Liberal government's decision to delay debate on MAID for three years, accusing them of aligning with the Conservatives and NDP to avoid addressing the issue. They believe this delay prevents necessary changes to the Criminal Code and disregards Quebec's efforts to legislate advance requests.
  • Minister's ignorance: The Bloc is critical of the Minister of Health, saying that the minister demonstrated unfamiliarity with the Quebec law on advance requests. The member felt that the federal government was using the excuse that not all Canadians are ready as a reason to ignore Quebec's progress.
Was this summary helpful and accurate?

Criminal CodeGovernment Orders

February 15th, 2024 / 5 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, the member for Sherwood Park—Fort Saskatchewan just suggested that somebody like my father-in-law, who was laying in a hospital bed with a brain tumour bulging out of his head, knowing full well that it was only a matter of days before he died, and who wanted to die with some form of dignity while his family was around him—

Criminal CodeGovernment Orders

February 15th, 2024 / 5 p.m.

Some hon. members

Oh, oh!

Criminal CodeGovernment Orders

February 15th, 2024 / 5 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Can the Conservative member for Barrie—Innisfil please not heckle me just this one time, possibly?

I am wondering if the member would agree that perhaps it is extremely inconsiderate to think that somebody who realizes what the future holds for them, and who wants to die with some dignity, and that perhaps they can be saved from a bit of the pain, is thinking about more than just committing suicide?

Criminal CodeGovernment Orders

February 15th, 2024 / 5 p.m.

Liberal

Annie Koutrakis Liberal Vimy, QC

Mr. Speaker, I think it is very important, in this country, that we speak from a place of empathy, sympathy, understanding and mutual respect. We cannot paint all situations with the same brush. Obviously, we have a Charter of Rights, and through the Charter of Rights, every person has equal rights.

Personally, and I can only speak for myself, I believe that someone who has long-standing suffering with a mental health issue or a degenerative brain malady that we know of should have access to medical assistance in dying, because I think it is far better for that person to be surrounded by their loving family than to continue the suffering.

Criminal CodeGovernment Orders

February 15th, 2024 / 5 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, to our hon. colleague for Kingston and the Islands, our colleague for Sherwood Park—Fort Saskatchewan only said that when speaking of MAID for those with mental illness, how do we differentiate between suicidal ideation and MAID?

Indeed, it is what we are hearing from the experts who said, “There is no evidence that shows we can predict irremediability in mental illness and it is vastly different, vastly different from other medical conditions and neurodegenerative diseases.... We have to remember what MAID is about. MAID is about predicting who will never get better, and we can't do that, and if we can't do that with mental illness, we would providing death under false pretenses.”

This is completely different from what our hon. colleague talked about with this father-in-law, who was struggling with a brain tumour, choosing MAID and those who are struggling with mental illness, which has been associated with flipping a coin on who can get better and who cannot get better.

I ask my hon. colleague this: Is she okay with flipping a coin when it comes to offering MAID to somebody who is wishing to die by suicide.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:05 p.m.

Liberal

Annie Koutrakis Liberal Vimy, QC

Mr. Speaker, I do not believe in flipping a coin. However, the mere fact that in this country we are still having this conversation, this debate and not having consensus, then I think a three-year pause is the way to go about it. It would let the provinces and territories, together with all the professionals, get together and make sure that when this does become whatever the next step would be, we will be better for it as a country.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:05 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I rise on a point of order. I know that the member for Kingston and the Islands operates in a way that he accuses other members of heckling him as part of his schtick, but I did not heckle him. He was telling a heartfelt story about his father-in-law who had a brain tumour, and I ask that he retract that accusation.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:05 p.m.

The Deputy Speaker Chris d'Entremont

We are descending into debate.

We will continue debate with the hon. member for Lambton—Kent—Middlesex.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:05 p.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I rise today to address a question of paramount importance and profound concern to many of my constituents in Lambton—Kent—Middlesex: Will Canada cross the Rubicon and expand access to assisted suicide for otherwise healthy individuals whose mental disorder is the sole underlying medical condition, or do we have enough common sense and moral clarity to stop this radical and dangerous expansion of MAID to mental health cases? The issue at hand stands at the juncture of ethics, medicine and our societal values. This is not merely a policy decision. It is a profound moral question that strikes at the heart of who we are and how we value life and respond to suffering.

The core concern here is the difficulty, if not the impossibility, of determining with certainty that mental disorders are irreversibly incurable. Unlike many physical ailments, the trajectory of mental illness is often unpredictable and can respond to treatment over time. The NDP-Liberal government's push toward expansion, despite substantial opposition from medical professionals and the public, raises serious questions. It reflects a troubling trend of policy-making that seems to prioritize ideological considerations over careful, evidence-based deliberation. How can we, in good conscience, move forward with a policy that many experts in psychiatry and mental health view with significant trepidation?

The opposition from the medical community, particularly from mental health professionals, is not just significant but deeply insightful. The expert panel on MAID and mental illness, the very panel established by the government to study this issue, acknowledged the complexities involved. It noted the difficulty in predicting the long-term prognosis of mental disorders, underscoring the near impossibility of determining with certainty whether a mental disorder is truly incurable.

Leading psychiatrists across Canada have expressed reservations. The Association of Chairs of Psychiatry in Canada, which includes the heads of the psychiatry departments of all 17 medical schools in the country, called for a delay in implementing MAID for patients with mental disorders as the only underlying medical condition. Its concerns centre on the challenges in assessing incurability and differentiating genuine MAID requests from suicidal ideation rooted in treatable mental health conditions.

Surveys conducted within the psychiatric community reflect this opposition. For instance, a significant majority of Manitoba psychiatrists have indicated that Canada is not ready for the implementation of assisted suicide for patients with mental disorder as the sole underlying medical condition. A similar sentiment was echoed in a survey conducted by the Ontario Medical Association, where a two-to-one majority of respondents opposed the availability of MAID for such cases. These results are in line with public opinion, which has consistently shown discomfort with this expansion. In fact, I have heard from hundreds of residents of Lambton—Kent—Middlesex who are opposed to this expansion, and polls such as those conducted by Angus Reid reveal substantial public reservations about MAID for mental illness.

If we ignore experts' warnings and the public sentiment and proceed with this expansion, we risk making irreversible decisions in cases where there might be potential for recovery and improvement with the appropriate treatment. The ethical implications of such a scenario are profound and disturbing. In our examination of this issue, we must not overlook the societal context in which decisions about MAID are being made.

The CEO of Food Banks Mississauga recently issued a stark warning that the inability to afford basic necessities is pushing people towards considering MAID. This is a harrowing indication that, for some, the choice to pursue assisted dying may be influenced more by socio-economic despair rather than by unimaginable physical or mental health conditions. This revelation is deeply troubling. It compels us to question whether we are addressing the root causes of such despair or merely offering a tragic and irreversible solution to what are fundamentally social and economic problems. This is particularly concerning in light of the ongoing mental health crisis that was exacerbated by the COVID-19 pandemic and the government's divisive response.

Additionally, we must also reflect on the alarming reports concerning our veterans. There have been stories of veterans being offered MAID. This raises profound concerns about the support and care that we provide to those who have served our country. These individuals, who have sacrificed so much, deserve better than an expedited path to assisted death. These stories underscore the need for robust mental health support and the dangers of expanding MAID without adequately addressing these needs first.

When the Liberal government has such a cavalier attitude toward assisted suicide, with a one-way slope toward access expansions and safeguard removals, is it any surprise that, according to the latest available numbers, the annual growth rate of MAID between 2021 and 2022 was 31.2%? Between 2016 and the end of 2022, 44,958 people died by MAID. That is more than the number of Canadians who died in military service during World War II.

My point is that Canada's current MAID access may already be the most discretionary in the world. That is before the proposed mental health expansion. We are the only country whose legal system does not see assisted suicide as a last resort. What can we expect to happen to the growth rate if the House enables the “treatment” of mental illness with assisted suicide? We would be past the slippery slope concern if that were to happen. Crossing the Rubicon here would put us closer to free fall.

Why are we debating the radical expansion of assisted suicide? Just four months ago, the hon. member for Abbotsford's bill, Bill C-314, was in the House. Conservatives urged the House not to give up on Canadians living with mental illness. Nevertheless, the government voted against the bill, sticking to its original plan, as per Bill C-7, to expand access to MAID to Canadians who are healthy except for their mental disorder.

If it were not for the Special Joint Committee on Medical Assistance in Dying's tabling, on January 29, 2024, its findings and recommendations, the unprecedented MAID expansion would have been implemented within two months. Thankfully the committee, after extensive consultations and a review of expert testimony, concluded that Canada is not ready for the expansion of MAID to include cases where a mental disorder is the sole underlying medical condition. The report highlights the unresolved issues in accurately assessing the irremediability of mental disorders and the challenges in distinguishing between genuine requests for MAID and those stemming from treatable mental health conditions. The report confirms what common-sense Conservatives have been saying for months: Expanding assisted suicide to those suffering from mental illness would result in the deaths of those who could have gotten better.

That is why, just like last year when the government introduced eleventh-hour legislation to put a temporary one-year pause on expanding assisted suicide to those suffering with mental illness, we are once again here at the eleventh hour. There is no question that there is an urgent need to pass Bill C-62 to delay until 2027 the implementation of MAID in cases where a mental disorder is the sole underlying cause and condition.

As highlighted by the report of the special joint committee and the voices of experts and Canadians alike, a mere delay may not suffice. What is required is a comprehensive re-evaluation of our approach to MAID, particularly in the context of mental health. The issues at stake are not just medical or legal but are deeply rooted in our societal values and the respect we need to afford the dignity of human life, especially in its most vulnerable forms.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:15 p.m.

The Deputy Speaker Chris d'Entremont

It being 5:15 p.m., pursuant to order made on Tuesday, February 13, it is my duty to interrupt the proceedings to put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the motion that this question be now put.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:15 p.m.

Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Speaker, I request a recorded vote.

Criminal CodeGovernment Orders

February 15th, 2024 / 5:15 p.m.

The Deputy Speaker Chris d'Entremont

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #645

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February 15th, 2024 / 5:55 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried.

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February 15th, 2024 / 5:55 p.m.

The Deputy Speaker Chris d'Entremont

The next question is on the main motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.