The provincial-territorial report essentially recommends to you that you adopt what is going on in Belgium and the Netherlands, and I think it is incumbent on you to know what is going on in Belgium and the Netherlands. A great deal has happened since Justice Smith received her evidence in that case. Professor Lemmens has given you very detailed information.
With respect to the permanent solution to a temporary problem, I agree with what Professor Downie has said about mental health. It is not open to you, I don't believe, to say that a mental disorder is ruled out under this legislation. However, if you remember, the whole decision in Carter was about whether it was even possible to come up with adequate safeguards to protect the vulnerable.
Have you discussed who we're talking about when we're talking about the vulnerable? I would submit to you that we have offered a definition of vulnerability that, amongst other factors, addresses the issue of temporary depression in response to coming to terms with disability. That is the appropriate way, consistent with Carter, to address issues of mental health. It is not a permanent exclusion from a right to the Carter remedy; it is a statement that while you are vulnerable, the court said you should not receive physician-assisted dying.
That is what the safeguards that you are responsible to enact are to address. The issue of vulnerability has to be discussed. It is not discussed in the provincial-territorial report. It is not addressed whatsoever in Belgium and the Netherlands. That is why there should be a very deep concern.