House of Commons Hansard #74 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was citizenship.
Candice Bergen Conservative Portage—Lisgar, MB
Mr. Speaker, the other two petitions are with regard to religious freedom and the fact that religious freedom is probably one of the first freedoms at risk when freedoms are attacked around the world. The petitioners call on the government to restore and renew the mandate of the office of religious freedom.
Bill Casey Liberal Cumberland—Colchester, NS
Mr. Speaker, it is my privilege to present to the House of Commons an electronic petition initiated by veteran David Palmer, calling on the Government of Canada to re-establish a Canadian military volunteer service medal, which was previously awarded but cancelled in 1947. The petition has garnered almost 3,600 signatures from every province and territory in the country, and thousands more in hard copy.
At this time, I would like to commend Mr. Palmer for his many years of dedication and commitment to veterans and to his efforts to re-establish this medal.
Marjolaine Boutin-Sweet NDP Hochelaga, QC
Mr. Speaker, as I said recently, I have never seen a more popular petition than this one, which calls on the government to restore home mail delivery and reminds the Prime Minister that he made a promise during the election campaign to do so. Once again, I have the honour to present a petition to restore home mail delivery.
Alain Rayes Conservative Richmond—Arthabaska, QC
Mr. Speaker, today I am presenting a petition that arises out of the death of 22-year-old Kassandra Kaulius, who was killed by a drunk driver, and all the other Canadians, including many in my riding of Richmond—Arthabaska, who have suffered the same fate. A group of families who have lost a loved one to impaired driving, called Families for Justice, believes that our impaired driving laws are too lax. It is calling for mandatory sentences in such cases and wants those offences to be recognized for what they are: vehicular homicide. Impaired driving continues to be the leading criminal cause of death in Canada. Over 1,200 Canadians are killed every year by a drunk driver. Canadians want mandatory sentences for vehicular homicide and are calling on the House to pass Bill C-226, the impaired driving act.
Don Davies NDP Vancouver Kingsway, BC
Mr. Speaker, I rise to present e-petition 126 to Parliament. This petition calls on the Government of Canada to implement a ban on the operation of for-profit, paid donor blood collection clinics in Canada. This is particularly apt in that World Blood Donor Day is this week.
This initiative has received the support of thousands of Canadians from across the country. It reflects the opposition of many to the Liberal government's support for the privatization of the collection of blood plasma of Canadians. Just this week, news broke of the planned opening of yet another paid donor blood facility, this time in Moncton, in direct violation of the principles and recommendations of the Krever inquiry into the tainted blood scandal.
I would like to thank Kat Lanteigne and other safe blood advocates who have campaigned relentlessly to defend Canada's blood supply. It is time for the government to put a stop to paid plasma and keep our system safe, public, and voluntary.
Karen Vecchio Conservative Elgin—Middlesex—London, ON
Mr. Speaker, I am pleased to present a petition on behalf of Canadians, requesting that the Government of Canada maintain the listing of Islamic Republic of Iran as a state supporter of terrorism, pursuant to section 6.1 of the State Immunity Act, for as long as the Iranian regime continues to sponsor terrorism.
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Speaker, I rise this morning to present two petitions.
The first is from constituents in my riding of Saanich—Gulf Islands from Galiano, Salt Spring, and Mayne, as well as Saanich Peninsula. The petitioners are calling for the government and in particular the Minister of Foreign Affairs to issue a statement condemning the practices of the People's Republic of China in relation to human rights and particularly the rights of practitioners of Falun Dafa and Falun Gong.
The petitioners are further requesting that the Minister of Immigration, Refugees and Citizenship list the People's Republic of China as a refugee source country to allow people to escape the oppression that occurs in that nation.
Elizabeth May Green Saanich—Gulf Islands, BC
Second, Mr. Speaker, a petition from residents of Saanich—Gulf Islands calls for this House to develop a national registry for missing persons and a victims index.
Arnold Viersen Conservative Peace River—Westlock, AB
Mr. Speaker, I am pleased to present a petition signed by Canadians from Neerlandia and Barrhead, two towns in my riding. The petitioners are concerned about the accessibility of violent and degrading sexual material online, and the implicit impact on public health, especially the well-being of women and girls. As such, these petitioners are calling on the House of Commons to adopt Motion No. 47.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, I have a petition signed by many constituents of mine asking that the House of Commons specify and identify hospice palliative care as a defined medical service covered under the Canada Health Act so that the provincial and territorial governments will be entitled to funds under the Canada health transfer system to be used to provide accessible hospice palliative care for all residents of Canada in their respective provinces and territories.
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, if Question No. 190 could be made an order for return, this return would be tabled immediately.
Larry Miller Conservative Bruce—Grey—Owen Sound, ON
With regard to the operation of the Canadian Pari-Mutuel Agency: what were the revenue figures for pari-mutuel wagering for horse racing conducted in Ontario, for each fiscal year from 2012-2013 to 2015-2016, broken down by (i) racetrack, (ii) year?
(Return tabled)
Kevin Lamoureux Liberal Winnipeg North, MB
Finally, Mr. Speaker, I would ask that all remaining questions be allowed to stand at this time.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
Vancouver Granville B.C.
Liberal
Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada
moved:
That a Message be sent to the Senate to acquaint their Honours that this House:
agrees with amendments numbered 1, 2d, 2e, 4 and 5 made by the Senate to Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying);
proposes that amendment 2c(i) be amended by replacing the text of the amendment with the following text “sistance in dying after having been informed of the means that are available to relieve their suffering, including palliative care.”;
proposes that amendment 3 be amended in paragraph (b) by adding after the words “make regulations” the words “that he or she considers necessary”;
respectfully disagrees with amendment 2a because requiring that a person who assists to be free from any material benefit arising from the patient's death would eliminate from participation the family members or friends most likely to be present at the patient's express wish, and this would violate patient autonomy in a fundamental and inacceptable manner; and
respectfully disagrees with amendments 2b, 2c(ii) and 2c(iii) because they would undermine objectives in Bill C-14 to recognize the significant and continuing public health issue of suicide, to guard against death being seen as a solution to all forms of suffering, and to counter negative perceptions about the quality of life of persons who are elderly, ill or disabled, and because the House is of the view that C-14 strikes the right balance for Canadians between protection of vulnerable individuals and choice for those whose medical circumstances cause enduring and intolerable suffering as they approach death.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
Vancouver Granville B.C.
Liberal
Jody Wilson-Raybould LiberalMinister of Justice
She said: Mr. Speaker, I would like to begin my comments by acknowledging the depth and quality of the thoughtful work that the other place has undertaken in its review of Bill C-14.
The number of amendments that were presented and thoroughly debated speaks volumes, not only about the complexity of the issue at hand but also about the dedication with which members of the other place sought to improve the legislation.
Bill C-14, as passed by the House of Commons, expressed our policy choice to address medical assistance in dying in a principled and cautious manner. This policy choice was deliberately and carefully crafted. The bill achieves the most appropriate balance between individuals' autonomy in deciding how their death will occur and protection of vulnerable individuals, as well as broader societal interests. These interests include suicide prevention, equal valuation of every person's life, and preventing the normalization of death in response to suffering. Several amendments were made to Bill C-14 in the other place.
The most significant amendment was the deletion of the definition of “grievous and irremediable medical condition”. The effect of this amendment essentially removes the eligibility requirement that “natural death has become reasonably foreseeable”. This amendment appears to have been motivated by a concern that this criterion is unconstitutional because it does not explicitly appear in the Supreme Court Carter decision.
Many legal experts have testified before the Standing Committee on Legal and Constitutional Affairs in the other place. Some expressed their views that Bill C-14, as initially passed in the House of Commons, would be found unconstitutional if challenged in the courts.
However, other legal experts and professors took the opposite view, that Bill C-14, as adopted in the House of Commons, with the requirement that natural death be reasonably foreseeable, is constitutional. In Carter, the Supreme Court was clear that it is the role of Parliament to craft a complex, regulatory regime with respect to medical assistance in dying and that such a regime would be given a high degree of deference by the courts.
Hon. colleagues, as Minister of Justice and the Attorney General of Canada, I am confident that Bill C-14, as originally drafted and presented in this place, is constitutional. As outlined in an addendum to the legislative background paper that I distributed to all parliamentarians earlier this week, and which I am pleased to table in the House today, the question is whether the complex, regulatory regime found in Bill C-14 is consistent with the charter, not whether it exactly replicates the wording of the Supreme Court in Carter. In the dialogue that this Parliament has with the judiciary, Bill C-14 is our principled, cautious, and deliberate response.
This is a transformational discussion, and a significant first step for our country. It is important to note that Bill C-14 is very different from the former law that was before the court in Carter. Our proposed legislation permits medical assistance in dying for the overwhelming majority of those Canadians who would seek to access it, and it is motivated by broader, new legislative objectives that do not animate the former law.
Bill C-14 is a new law with new features, and an analysis of its constitutionality must reflect this. The Carter ruling alone is not the end of the story, nor is it the end of our national discussion. The conclusion to draw here is that there are diametrically opposed but reasonable points of view about the constitutionality of Bill C-14.
The situation is not unique. It is normal and part of a healthy debate for legal experts to differ on the merits of a particular piece of legislation that has not yet been examined by the courts. However, I would caution that fundamentally altering the delicate balance purposefully struck in Bill C-14 solely because of the existence of these differing views is ill-advised.
As the Supreme Court of Canada stated in Carter, “the risks associated with physician-assisted death can be limited through a carefully designed and monitored system of safeguards”. The government's policy choices, as reflected in Bill C-14, were specifically crafted to protect vulnerable Canadians from these different types of risks.
First is the protection of those who will ask for medical assistance in dying. Bill C-14, as passed by this chamber, would limit eligibility to those whose death has become reasonably foreseeable and for whom the risks can be adequately addressed by the robust safeguards found in Bill C-14. However, if eligibility is drastically expanded to all Canadians who are suffering unbearably, regardless of whether or not their death is reasonably foreseeable, as in the amendments the other place proposes, there are more risks of different types that are much harder to detect.
These risks include the very real possibility that individuals may be motivated to request medical assistance in dying for a whole host of reasons, psychosocial, emotional, or systemic, which are separate from their medical condition but that exacerbate their suffering. People may die unnecessarily or prematurely, when other options for improving their quality of life are available. Cases from other jurisdictions that permit medical assistance in dying support these concerns. We do not believe that this is what Canadians want.
Importantly, while the other place expanded eligibility in the bill, it did not introduce new safeguards for the very circumstances where the most caution is required. The result is that any serious medical condition, whether it be a soldier with post-traumatic stress disorder, a young person who suffered a spinal cord injury in an accident, or a survivor whose mind is haunted by memories of sexual abuse, could result in eligibility for medical assistance in dying. I raise these examples from other jurisdictions not to be sensational, but to highlight the real risks at play.
However, beyond the risks for those who make a request for medical assistance in dying, making it available to all Canadians who are suffering would also have repercussions at a much broader level. It would alter our societal values and send the wrong message to our most vulnerable Canadians who may never even request assistance. These are risks for which there are no obvious safeguards.
Broadening eligibility for medical assistance in dying to situations where death is not reasonably foreseeable would contribute to negative perceptions about the quality and dignity of life of people with disabilities. Organizations like the Canadian Association for Community Living and the Council of Canadians with Disabilities, among other disability rights organizations, have cautioned us about the potential devaluation of the lives of Canadians with disabilities that broader eligibility criteria would attract. They tell us that such devaluation happens when the law presumes that life with a disability could be so unbearable that death should be a state-sanctioned option.
Broad eligibility criteria could also send the wrong message that society feels it is appropriate to address suffering in life by choosing death. This message may encourage some who are in crisis and already considering suicide to act, even privately and without assistance. Procedural safeguards would not help these individuals. The relationship between medical assistance in dying and suicide has not been sufficiently studied and we must have more information about this complex situation before we can decide what is right for Canada. I want to acknowledge the thorough and emotional discussion in the other place on this incredibly important issue.
We recognize the important amendments to Bill C-14 adopted by the other place, namely that a person signing on behalf of the patient requesting assistance cannot know or believe that they will benefit from the patient's death. This is indeed a thoughtful amendment that improves the bill and a valuable safeguard that we are pleased to support. Ensuring that a patient is aware of all means available to relieve their suffering, including palliative care, is of course important.
A further amendment concerning the monitoring system introduces mandatory language requiring the Minister of Health to make regulations and guidelines. The government appreciates the other place's concern that regulations to support the monitoring regime be put in place. Canadians want to know that this system will be well monitored and we support this well-crafted amendment from the other place.
Further, there was an amendment requiring that the issues to be studied in the bill, which are mature minors, advance directives, and requests where the sole underlying condition is mental illness, be completed in two years. This amendment from the other place reflects the concern that Canadians have for these incredibly complex issues, and the desire for this government to be held to account on each of them, and for that reason it is supported.
I would also like to acknowledge the substantive work of the Standing Committee on Justice and Human Rights, whose thoughtful study of the bill resulted in 16 amendments from all parties being adopted.
I would urge all members of the House to consider the pressing need for a federal legislative framework governing medical assistance in dying. With no such regime in place at this time, with the force and clarity of the criminal law, all Canadians face significant uncertainty.
It is crucial to keep in mind that Bill C-14 was carefully and deliberately crafted as a cohesive and balanced regime. The balance sought in Bill C-14 would be upset by the broadening of eligibility criteria to individuals who are not approaching death without the corresponding safeguards for these specific cases.
Since forming government, we have spent countless hours consulting with Canadians and stakeholders, carefully considering all of the evidence and diverse perspectives on this incredibly challenging issue. We are confident in the policy choices expressed in Bill C-14. The legislation represents the right approach for Canada at this important time in our country's history. I encourage all members of the House to support the government's motion, which respects the other place's contribution to this important debate and maintains the most appropriate balance for all Canadians.
I am pleased to table, in both official languages, a document entitled, “Legislative Background: Medical Assistance in Dying (Bill C-14)--Addendum”.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
Conservative
Harold Albrecht Conservative Kitchener—Conestoga, ON
Mr. Speaker, there is no question in my mind, and in the minds' of my colleagues, that this is the most crucial issue this Parliament and any of us as parliamentarians will deal with in our lifetimes.
One of the comments the minister made was that there is no clear relationship between physician-assisted suicide and suicide in general. I would like to point out that in one of my previous interventions I did quote Aaron Kheriaty, associate professor of psychiatry and director of the medical ethics program at the University of California Irvine School of Medicine, who stated:
The debate over doctor-assisted suicide is often framed as an issue of personal autonomy and privacy. Proponents argue that assisted suicide should be legalized because it affects only those individuals who—assuming they are of sound mind—are making a rational and deliberate choice....
He goes on to report that in states where physician-assisted suicide has been legalized, there has been an increase in suicide of 6.3% overall, but among those over 65, an increase of 14.5%.
It is clear that there is a direct link between authorizing physician-assisted suicide and the increase in suicide in general. That is a major concern that we should be seized with.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
Liberal
Jody Wilson-Raybould Liberal Vancouver Granville, BC
Mr. Speaker, I would like to acknowledge the hon. colleague's comments on the crucial nature of Bill C-14 and pursuing a national regime for medical assistance in dying in this country, necessarily so in response to the Supreme Court of Canada's direction. I recognize, as stated in my comments, the importance of ensuring that we proceed with caution with respect to medical assistance in dying, recognizing that there is a link, as articulated by my friend, and that we do everything we can to study this particular issue and proceed with caution on the next steps of this debate in this country.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
NDP
Murray Rankin NDP Victoria, BC
Mr. Speaker, the Minister of Justice said, in introducing the motion, that she respectfully disagrees with amendments 2(b) and 2(c) because they would remove the criterion of reasonably foreseeable death and undermine the objectives of Bill C-14. As the House knows, the amendments would make sure that the legislation would be consistent with the constitutional parameters of the Carter case, in the words of the Supreme Court. Professor Hogg said that if the bill was amended in this way it would be consistent with the parameters set out in the Carter case, and if it were not the bill would be unconstitutional.
I would like the minister's reaction to the comments of Dr. Douglas Grant, the chair of the Federation of Medical Regulatory Authorities of Canada, who said that the criteria in the unamended Bill C-14, in other words, the “reasonably foreseeable” language the minister would propose to retain would involve language that is “too vague to be understood or applied by the medical profession and too ambiguous to be regulated effectively.”
I would like the minister's comments on that quote.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
Liberal
Jody Wilson-Raybould Liberal Vancouver Granville, BC
Mr. Speaker, I certainly acknowledge my friend across the way for the work and the commitment he has made with respect to Bill C-14 and this discussion.
While I acknowledge the quote that he conveyed from Douglas Grant from the regulators, I would like to counter that discussion with a comprehensive response that we have received from the Canadian Medical Association and physicians across the country who look at the language of reasonable foreseeability and the further definition that we provided in terms of eligibility around “grievous and irremediable” as providing clarity, as providing medical practitioners across the country with the ability, based on their direct relationships with their patients, to determine whether or not a patient is eligible for medical assistance in dying.
We believe that flexibility is the most appropriate response and the medical practitioners have confirmed that with us.
An Act to Amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)Government Orders
Bloc
Luc Thériault Bloc Montcalm, QC
Mr. Speaker, I listened carefully to the minister. I would say that this was not her best argument in defence of Bill C-14.
She seems to be confusing the concepts of being suicidal and assisted suicide. She also claims that adopting the definition in Senator Joyal's amendment and the terms in the Carter decision would put us on a slippery slope, giving people who are suddenly suffering access to medical assistance in dying.
We are talking about medical assistance in dying. Does she think that health care professionals would consent to assist someone who is suicidal? Since they would not give their consent, does she think that a suicidal person under the care of our health care system would not find the help they need to reverse their suicidal state? How does she distinguish between being suicidal and medically assisted suicide, other than by citing the fact that the latter is medically assisted? Does she trust the health care system?
