Evidence of meeting #11 for Justice and Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was patients.
A video is available from Parliament.
10:45 a.m.
Liberal
The Chair Liberal Anthony Housefather
I didn't say I was consistent. I just asked that question. Thank you.
Mr. Cooper, you had a quick question.
10:45 a.m.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
Dr. Stern, you alluded to the need for conscience protections for physicians. What about for health care institutions? What are your comments on that? I know that in the Loyola decision, Chief Justice McLachlin recognized that under section 2 of the charter, the conscience rights of physicians and institutions are intertwined.
10:45 a.m.
Executive Director and Chief Executive Officer, Canadian Medical Protective Association
I run an organization that protects physicians. This is a most complicated area. I don't feel that I'm the right person to tell you what to do, or to give you advice on institutions.
I used to run an institution. I no longer do that. I can't help you on that one.
May 3rd, 2016 / 10:45 a.m.
Chair, Working Group on Hastened Death, Canadian Society of Palliative Care Physicians
Sorry, I would like to jump in here and talk about how that's where the coordination system comes in, so that if you are a religious institution and you opt out, you have a built-in way of having an easily accessible access plan for the patients in your institution. If you set it up in that way, then you can accommodate a lot more people and beliefs.
10:45 a.m.
Liberal
The Chair Liberal Anthony Housefather
Perfect.
Are there any other lightning questions?
Mr. Falk, the last one.
10:45 a.m.
Conservative
Ted Falk Conservative Provencher, MB
There's guilt by commission but there's also guilt by omission. The way the bill's drafted right now, it would provide an escape hatch for omission.
I think when we're talking about killing people, and we're talking at a very high level of professional individuals, I don't think the escape hatch that's given in proposed subsection 241(6), “reasonable but mistaken belief”, is appropriate being in there.
What are your thoughts on that, Mr. Stern?
10:45 a.m.
Executive Director and Chief Executive Officer, Canadian Medical Protective Association
Sorry, I'm not quite sure what you intend in your question. Could you give me a minute to look at the proposed subsection?
10:45 a.m.
Conservative
Ted Falk Conservative Provencher, MB
Well, it reads that, “For greater certainty” if the person invoking the exemption “has a reasonable but mistaken belief about any fact that is an element of the exemption”.
10:45 a.m.
Executive Director and Chief Executive Officer, Canadian Medical Protective Association
I think this is the good faith provision I've been talking about. Sorry, I didn't quite get the point.
10:45 a.m.
Executive Director and Chief Executive Officer, Canadian Medical Protective Association
If the physician or the nurse practitioner acts in good faith, deals with all the criteria, gets the appropriate consent, has the appropriate discussion, follows whatever guidelines there are around the second witness, and acts in good faith, and is subsequently sued by a family member because he or she didn't believe that dad really meant it when he asked for assisted death, we believe that the provision of good faith should stand and should protect that physician from prosecution.
10:45 a.m.
Assistant Professor, University of Calgary Cumming School of Medicine, As an Individual
We came from Calgary because we wanted an important matter not to escape your notice, which is that it is not well understood at the moment the importance of accurately recording and scrupulously monitoring this practice. In the court applications that have come forward, three of them have resulted in judges ordering physicians to falsify medical certificates of death, and in Quebec it's the case that professional organizations have—
10:45 a.m.
Liberal
The Chair Liberal Anthony Housefather
Yes, you can't say the actual reason. You can't write “doctor-assisted suicide” on the death certificate, as I understand it.
10:45 a.m.
Assistant Professor, University of Calgary Cumming School of Medicine, As an Individual
That's right, and it puts the physician in a conflict of interest. It removes the oversight of the coroner or medical examiner, and we strongly believe that it is a matter that could be corrected at the federal level by obtaining national uniform data for monitoring this purpose, and also to be sure that this practice is not used for purposes that it was not intended.
10:45 a.m.
Liberal
The Chair Liberal Anthony Housefather
Thank you very much. We have the points and we will read the briefs.
Thank you all to the members of the panel. We really appreciate it.
I'd like to ask the members of the committee to stay for just one second.
The meeting is adjourned.