Evidence of meeting #50 for Justice and Human Rights in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was illness.
A recording is available from Parliament.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
Here is the problem, sir.
When we talk about risks, nobody is saying what “risks” means. This statement here actually outlines the risks. Would you agree with that?
It says that “screening for decision-making capacity is particularly difficult” and there's “a high degree of error”. That is a tangible risk. Would you agree with that?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
Yes.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
When we talk about risks, as you've just talked about with what the minister said, we're not talking about something tangible of which we can say, “These are risks.” We're just talking in generalities.
Is that correct?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
I'm not sure I understand your question.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
The point is this: This charter statement says there are risks. What I'm hearing from you and the minister is that you're going to deal with those risks.
What are the risks that are going to be dealt with in this legislation in the intervening period? That's my point.
General Counsel and Director, Criminal Law Policy Section, Department of Justice
If enacted, this legislation wouldn't change the current state of the law—if it is enacted prior to March 17. The current state of the law would remain—
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
In one year, though, we revert back, and people with mental illness will be able to access MAID. Is that correct?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
They will, in the absence of another...something happening.
General Counsel and Director, Criminal Law Policy Section, Department of Justice
I should just also note that the federal legislation—the federal sphere—speaks to the criminal law framework governing exceptions to criminal liability.
The provinces and territories are still responsible, under their authority for health care, for assessing what criteria, safeguards, policies and measures need to be put in place should medical assistance in dying be offered in their jurisdictions where mental illness is the sole medical condition.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
I have only one minute, so I'm going to ask you this.
We have here “screening for decision-making capacity is particularly difficult, and subject to a high degree of error”.
Those risks still exist today and will still exist a year from now, will they not?
February 14th, 2023 / 7:35 p.m.
General Counsel and Director, Criminal Law Policy Section, Department of Justice
I can't answer that question. I'm not a medical professional. I can't speak to that.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
It says it right here in the charter statement.
General Counsel and Director, Criminal Law Policy Section, Department of Justice
Yes, it does.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
This is a legal document saying that these risks exist. Can we now say that these risks may not exist, when they're here in the charter statement, the very charter basis on which we are to rely when passing this legislation? Do you see the tension there?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
I get the tension. I understand the seriousness with which you as parliamentarians are considering this issue. I think we're well aware of the concerns that have been expressed by stakeholders—
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
Here's my last question, sir.
These risks have not yet been addressed. Clearly, that's what I can deduce. You'd agree with that. We have no basis on which to conclude that these risks have been addressed, do we?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
I would say that those risks are being addressed currently and have been over the last two years in terms of the work that the federal government has been doing with the provinces and territories.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
It says “a high degree of error” in relation to decision-making. That is an on-the-ground issue. That's saying that people can't do this properly. That's not something that can be ameliorated, sir, with all due respect.
Liberal
Liberal
Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC
Thank you, Mr. Chair. Good evening.
Thank you to our witnesses for being here.
Mr. Taylor, would you like to conclude any of your thoughts with regard to the previous question?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
No. The only other thing I would remind the committee of—and I know the committee is seized of this—is that a charter statement will be provided in a very short time—very soon, as the minister has said—and that will provide additional information on the charter considerations around this legislation.
Thank you.
Liberal
Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC
Thank you for that.
How is the current MAID oversight regime operating?
General Counsel and Director, Criminal Law Policy Section, Department of Justice
I might ask our colleagues at Health Canada to answer that.
Thank you.
