Mr. Speaker, it is rare for a motion to contain its own purpose and justification as clearly as the motion before us today.
The motion moved by the Liberal leader, the member for Papineau, calls for a special House committee to be appointed to consider the February 6, 2015 ruling of the Supreme Court, which stated that in certain specific circumstances, a prohibition on physician-assisted death violates the Canadian Charter of Rights and Freedoms. The court gave Parliament 12 months to amend the law accordingly. This means that a new legal framework must be put in place by February 6, 2016, at the latest, or else physician-assisted death will become legal, without the necessary guidelines and parameters set out in legislation. As a result of the summer recess and the upcoming general election, we have just 12 weeks of sitting time before February 6, 2016.
Canadians expect parliamentarians to fulfill their responsibility as legislators and hold this important discussion in a calm and reasoned way, rather than in haste. That is why we need to get started on this right now. This 12-member committee, including seven government members, four official opposition members and one Liberal Party member, should begin its work in March and report to the House no later than July 31, 2015.
That would give the committee time to properly consult legal, medical and other experts, as well as the general public. The committee would be able to travel both within and outside Canada, accompanied by the necessary staff. It would be able to make recommendations on how to give effect to the Supreme Court's decision with a view to establishing a legal framework that is consistent with the Constitution, the Canadian Charter of Rights and Freedoms and Canadians' priorities.
Let us summarize the court's decision. Right now, under section 241(b) of the Criminal Code, anyone who aids or abets a person to commit suicide commits a criminal offence. Under section 14 of the Criminal Code, no person is entitled to consent to have death inflicted on him. Together, these provisions prohibit Canadians from providing or receiving assistance in dying.
It is precisely these provisions—section 241(b) and section 14 of the Criminal Code—that the Supreme Court has indicated violate section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty and security of the person.
The prohibitions unjustifiably violate section 7 of the charter in three ways, according to the court. First, they violate the right to life by forcing some people to commit suicide early out of fear of incapacity. Second, they violate the right to liberty by denying people the right to make decisions on their own bodily integrity and medical care. Third, they violate the security of a person by leaving people to endure intolerable suffering.
The court was very clear about the legislator's duty.
It writes:
It is for Parliament and the provincial legislatures to respond, should they so choose, set out in these reasons.
The court describes these parameters in paragraph 127 as follows:
…[physician-assisted dying applies only to] a competent adult person who (1) clearly consents to the termination of life; and (2) has a grievous and irremediable medical condition…that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.
The parameters are there: a competent adult person who clearly consents and who has a grievous and irremediable medical condition causing enduring and intolerable suffering.
The court also gives parliamentarians the responsibility of establishing how the charter rights of patients and physicians will be reconciled and notes that a physician's decision to participate in assisted dying is a matter of conscience.
The court clearly stated that the task of setting these parameters fell to both levels of government, since both the Criminal Code and health are constitutional jurisdictions.
Federal MPs have responsibilities here. We cannot hide from it. The judges did their work, and now it is our turn to do ours. We need to get started right away.
The judges are not the only ones reminding us of our responsibilities. The Canadian Medical Association wants the law to clearly lay down the legal framework within which a doctor can participate in physician-assisted dying, and the association has emphasized the importance of improving palliative care in Canada. It issued a news release about that today and expressed support for the motion by the member for Papineau. The Council of Canadians with Disabilities wants the law to establish clear guidelines to prevent abuses. Canadians in general want the best possible legislative framework.
There is no doubt that medical aid in dying is a complex and highly emotional issue, but if legislators had to resolve only simple problems, that would be too easy. It is our role to take a close look at public policy issues no matter how difficult they are.
That is why it makes no sense that the Conservative government announced its intention to vote against the motion by the member for Papineau. I would ask my Conservative colleagues to reconsider that decision. The government says that it would rather undertake a different consultation process, but it did not provide any details. That seems like a cop-out.
Why would our Conservative colleagues lack such courage? After all, the special committee we are calling for could draw on a considerable number of studies, insights, foreign examples, and expertise, including the legislative work done by our colleague from Charleswood—St. James—Assiniboia and by our Senate colleagues.
This committee would benefit especially from the endless goodwill of Canadians. They would all support us throughout this process. We could move forward with confidence.
Just look at what was accomplished by our colleagues at the National Assembly of Quebec. Following an exemplary non-partisan process, they ended up voting together on legislation on physician-assisted death that can be used as a benchmark for establishing what works at the federal level.
In sum, because Parliament has limited time to respond to the Supreme Court of Canada's decision to strike down the ban on physician-assisted death, in order to thoroughly and comprehensively consult with Canadians and experts on this complex and emotional issue, this House must act responsibly by immediately striking a special committee of the House.
This committee would immediately begin consulting with Canadians and experts on strengthening end-of-life care and support, including palliative care, with the aim to have enacted a charter-compliant legal framework before February 6, 2016.
That is what Canadians expect from us, their members of Parliament. That is what they deserve to get from us. That is why we must vote in favour of the motion moved by the hon. member for Papineau.