Evidence of meeting #38 for Medical Assistance in Dying in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was maid.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Alison Freeland  Chair of the Board of Directors and Co-Chair of MAID Working Group, Canadian Psychiatric Association
Shelley Birenbaum  Chair, End of Life Working Group, The Canadian Bar Association
Joint Chair  Hon. Yonah Martin (Senator, British Columbia, C
Marie-Françoise Mégie  Senator, Quebec (Rougemont), ISG
Stanley Kutcher  Senator, Nova Scotia, ISG
Pierre Dalphond  Senator, Quebec (De Lorimier), PSG
Flordeliz Osler  Senator, Manitoba, CSG
Mona Gupta  Psychiatrist and Researcher, Centre hospitalier de l'Université de Montréal, As an Individual
Douglas Grant  Registrar and Chief Executive Officer, College of Physicians and Surgeons of Nova Scotia and Representative, Federation of Medical Regulatory Authorities of Canada
Claire Gamache  Psychiatrist, Association des médecins psychiatres du Québec

7:15 p.m.

Chair of the Board of Directors and Co-Chair of MAID Working Group, Canadian Psychiatric Association

Dr. Alison Freeland

The 33% who are in favour....

7:15 p.m.

The Joint Chair Hon. Yonah Martin

Only 33% are in favour of legalizing MAID for mental illness.

7:15 p.m.

Chair of the Board of Directors and Co-Chair of MAID Working Group, Canadian Psychiatric Association

Dr. Alison Freeland

I think a number of different surveys have been done, and I don't think any survey had 100% of psychiatrists in favour of doing that. There could be all kinds of different reasons for that. It could be how the questionnaire was set up, or it could be people not having enough training and understanding of the issue. Some people are in disagreement with this as a concept.

I think one of the challenges in all of this is that it's something Canada has decided should be made available to its citizens. In some regards, although it's important to consider what psychiatrists' contributions are, at the end of the day, whether psychiatrists want this or not, it's a legal thing that's available to Canadians. We have to consider that perspective in all of this. I think it's important—

7:15 p.m.

The Joint Chair Hon. Yonah Martin

Thank you. I have limited time.

In that same survey, only 65% of respondents said they have enough awareness or understanding of MAID for mental illness. Because psychiatrists are on the front lines and must be ready, what would you say to that?

7:15 p.m.

Chair of the Board of Directors and Co-Chair of MAID Working Group, Canadian Psychiatric Association

Dr. Alison Freeland

I would say that we are continuing to try to provide opportunities for people to increase their understanding and awareness. We are making available a connectivity to the curriculum that has only just come out. I think there are an increasing number of places where psychiatrists who choose to become more familiar and more engaged with all of this can receive the training to support medical assistance in dying assessments.

7:15 p.m.

The Joint Chair Hon. Yonah Martin

We have heard concerns about the rural and urban issues and that there's an urgent need in rural communities. The fact is that there is a lack of psychiatrists in some of these parts. What would you respond to these concerns?

7:15 p.m.

Chair of the Board of Directors and Co-Chair of MAID Working Group, Canadian Psychiatric Association

Dr. Alison Freeland

I think it's a really important question. It's something separate from this issue, but the CPA would advocate on the importance of access and on how we build it. I think the use of telepsychiatry is an important step in helping to improve access for people in rural and northern areas.

Looking at the regionalization of licensure, there's been some activity on how we do that to support Canadians in accessing psychiatry in general, not even just for the issue related to MAID.

7:15 p.m.

Liberal

The Joint Chair Liberal René Arseneault

Thank you, Dr. Freeland.

7:20 p.m.

The Joint Chair Hon. Yonah Martin

We're able to go into a second round.

Mr. Fast, you have three minutes.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Thank you very much.

My questions are for Ms. Birenbaum.

Ms. Birenbaum, you're familiar with the organization called Dying With Dignity, which is an advocacy group for those who wish to access MAID. Is that correct?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

Yes, I'm familiar with it.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Are you a legal adviser to them?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

No. I'm a volunteer. I've sometimes been asked some questions and I've spoken with them.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Have you given them legal advice in the past?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

I've given them legal advice, yes.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Thank you.

Have you served as an ambassador for Dying With Dignity?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

I don't know what it means to be an ambassador. I have previously worked with them directly.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

All right. Thank you.

Have you polled or surveyed your members to determine whether they feel Canada is ready to implement MAID for the mentally ill?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

We haven't polled our members on whether there is a state of readiness, but our positioning is based on resolutions adopted by the membership of the Canadian Bar Association, including that MAID be available for persons who have mental illness. There are resolutions that, at their point of adoption, were 100% in favour, but we have not specifically looked at readiness, no. We have not done a resolution on readiness.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Is there any consensus within the legal profession on whether the Charter of Rights compels government to make MAID available to the mentally ill?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

I can only say that all members of the end of life working group who have been looking at these issues have come out with the positioning that there is a strong charter vulnerability to say that every single mentally ill person will not have access to even be determined for eligibility for MAID.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

You can probably agree, since we're both lawyers, that lawyers can often disagree among themselves. Is that correct?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

Absolutely lawyers can disagree among themselves.

7:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

We don't know what the Supreme Court of Canada would say when it comes to requiring government to expand MAID to include the mentally ill. Is that correct?

7:20 p.m.

Chair, End of Life Working Group, The Canadian Bar Association

Shelley Birenbaum

We don't know what the Supreme Court of Canada would say. However, the CBA has taken the position that Carter did not exclude mentally ill persons, and—