We have a few comments we can make, for the committee's interest.
First, it's not entirely clear how equivalency would in effect be assessed in this particular context. For instance, if it were assessed fairly liberally, in Quebec, where it's not required that there be an independent witnesses to the person's written request, the federal criminal law would not apply. Then there might end up being a situation of differential standards and differential safeguards across the country.
Another issue with respect to this is that it might be for the committee's consideration that the Minister of Justice would be better placed than the Minister of Health to determine when a provincial law is equivalent to the federal Criminal Code.
A technical issue that we've been informed of by our legislative counsel with respect to the amendment is that it doesn't entirely accomplish its intended effect. It creates a power for the Governor in Council to order that provisions of the criminal law would not apply in a particular province, but it does not incorporate that notion into the exemptions themselves. The exemptions still require physicians and nurse practitioners to comply with section 241.2 of the Criminal Code. Wording in the order of “or to comply with a provincial law that has been found to be equivalent” would also have to be incorporated into the exemptions in order for the exemptions not to require compliance with the criminal law.