Majid Jowhari

[Criminal Code, February 27th, 2020]

Mr. Speaker, it gives me great pleasure to once again rise in this House and speak to Bill C-7, an act to amend the Criminal Code (medical assistance in dying). This bill proposes amendments to the Criminal Code provisions on medical assistance in dying, or MAID, in response to the Superior Court of Québec Truchon decision, which struck down the eligibility criterion that natural death be reasonably foreseeable.

I would like to highlight five major components that stood out for me.

First, it repeals the condition that a person's natural death be reasonably foreseeable, with the exception of patients whose sole underlying condition is mental health issues.

Second, it introduces new safeguards in addition to existing ones for patients whose natural death is not reasonably foreseeable.

Third, it permits the waiver of the requirement for final consent, allowing patients to provide consent to health care practitioners in advance, in the event that their death is naturally foreseeable and they are at risk of losing capacity to consent.

Fourth, it permits the waiver of the requirement for final consent if a patient chooses MAID by self-administration, in case complications arise following self-administration, such as a loss of capacity.

Fifth, it modifies the MAID monitoring regime to require that health care providers and pharmacy technicians provide regulated information when assessing a patient's eligibility or when dispensing a substance for MAID.

Over the last two days, many of my colleagues from both sides of this House intervened on a fair number of details. It gives me great pleasure to see that there is broad agreement that this legislation, with these amendments, gets voted in and move to the committee for further study.

I rose in this House during the 42nd Parliament back in 2016, and shared my experience, which dealt with the tragic loss of my father as a result of stage 4 cancer back in 2014. Such assistance was not available to us and we saw the loss of dignity. We saw the loss of the person I called “my hero” losing the capacity to be able to function and lead our family, as well as the fact that his desire would have been met, had we had this type of assistance available.

Also, as the chair of the all-party mental health caucus, I have been advocating, and our caucus has been advocating, for the consideration of mental health and the exclusion of that. I am pleased to see that that remains.

As I was listening attentively to the interventions over the last two days, at times there were questions raised about why it took so long. Considering that, and considering that we are almost halfway through this debate, I decided to focus my intervention mainly on the journey that our government has gone through over the last four years. The key concepts within that journey are the challenges that we are faced with; the stakeholders that we engaged with; the consultations during the studies; and the implementation, successes and challenges we have had.

Having said that, since the introduction of the legislation for medical assistance in dying in 2016, we have witnessed a steady increase in the number of Canadians and health care providers who have adopted this new regime. We have seen a relatively smooth integration of MAID assessments and delivery in end-of-life care service available across the country.

The enactment of this historic legislation was just the beginning of our efforts. Our government has since been very active in supporting the implementation of MAID across Canada. The 2016 legislation included clear directives for action, including the need for government to initiate independent reviews on three complex issues not addressed in the bill back in 2016. Some of my colleagues before me touched on those complex issues.

Rather than proceed too hastily, Parliament felt that it required more study and a review of available evidence. The government tasked the Council of Canadian Academies with undertaking these studies and that is where the journey started.

The resulting report tabled in Parliament in 2018 reflected an extensive review of academic and policy research, stakeholder submissions and international expertise in all three areas. It documented a range of perspectives from health care professionals, academic disciplines, advocacy groups and indigenous leaders; hence, the stakeholders that we have engaged with. We expect dialogue on these issues to continue during the parliamentary review and, as I have indicated, I hope that everyone in the House votes for this so that we can move it to committee and continue this dialogue.

Taking into account our federal system and division of responsibility for health care and criminal law, the federal government developed the monitoring and reporting regime to collect valuable information about requests for and the provision of MAID. In all other jurisdictions permitting assisted dying, there is an oversight and monitoring mechanism in place. The roles and responsibilities of these monitoring regimes vary.

In the wake of this monumental shift toward legalized assisted dying, Canadians wanted to know what kind of uptake there would be. Some were keen to know how accessible MAID would be across this vast country. Others want to know how safeguards would be applied and if there were protections in place for the vulnerable. Our government worked quickly with the provinces and territories to establish an interim reporting system, collecting and reporting on the best data available.

I want to acknowledge our provincial and territorial partners that had the challenging task of arranging safe access to MAID services from scratch, in a short period of time and in collaboration with multiple partners, such as health care providers, professional associations and health care delivery institutions. This tremendous task involved setting standards of practice for physicians, nurse practitioners and pharmacists to support the consistent and safe delivery of MAID within a legally sound framework. It also helped minimize the disparity to access in rural and urban areas.

Our government produced four interim reports using data voluntarily transferred by providers and various jurisdictions from 2016 until the creation of the permanent regime in late 2018. These reports covered a six-month period and provided information on the number of MAID deaths, patient demographic information, underlying medical conditions and predicted MAID requests.

In reviewing these reports, we know that the awareness of MAID as a legal option is growing. There appears to be a growing comfort among health care providers. In the interim period, our government worked to establish a permanent national monitoring and reporting system as considered in Bill C-14.

Through stakeholder consultation and collaboration with provinces and territories, the government enacted federal monitoring regulations in late 2018. These regulations set out the reporting requirements for all physicians, nurse practitioners and pharmacists who participate in MAID. We were mindful of balancing the need for information while limiting the reporting burden on health care providers and avoiding duplication of effort. This system has been operating for just over a year. Late this spring, our government plans to release the first annual report using data from this new monitoring system.

Budget 2017 announced $11 billion over 10 years to support home and community care services, including palliative care, mental health and addiction services; $6 billion was specifically allocated to those services I talked about. In 2019, our government worked with all the provinces and territories to develop the framework for palliative care in Canada, which I consider a cornerstone of this bill.

Over the last three and half years that MAID has been available, our government has worked to support a smooth integration into the health care system based on the foundation I have just laid out. On the evidence that we have gathered, we have put together a bill that represents the Truchon decision and addresses other issues where there is clear consensus and a reasonable path forward. It is my hope that, after due consideration and debate, we move this bill to committee.

I will close by saying that I support this bill and I thank all members for intervening on this topic.

[Citizenship Act, February 24th, 2020]

Madam Speaker, let me explain to the House that a lot of the 94 recommendations are a combination of working closely with the provinces and other jurisdictions to make sure that these recommendations are taken into account. For those that are federal responsibility, I would like to assure the House that we are taking the action that needs to be taken within the timeline.

[Citizenship Act, February 24th, 2020]

Madam Speaker, I would like to acknowledge that the pace has been somewhat slow, but this is the process that we have to go through, and this is the time we have to take when we are dealing with complex issues.

It is not an easy task ahead of us, and I look forward to the member's support in moving this bill to committee so that we can have this conversation as well as the conversation of how we can make sure that the other commitments and recommendations we have made can be taken into account on a timeline that is much faster.

[Citizenship Act, February 24th, 2020]

Madam Speaker, I too had the opportunity to have dialogue with some of the indigenous leaders in my community, and they see the bill as one step in the journey of reconciliation. They also acknowledged the work that our government has done over the last four years in many other aspects of the path to reconciliation, such as the elimination of the water advisories and the historic investments we made in education and other areas to support indigenous people. Additionally, not only the Prime Minister but also the government has been very patient in taking a very well-thought-out approach to consultation when it comes time for challenges, such as those in front of us.

Does the hon. member consider the bill a step in the path toward reconciliation?

[Citizenship Act, February 24th, 2020]

Madam Speaker, before I start my intervention, I would like to inform the House that I will be sharing my time with the member for Don Valley East.

I would also like to acknowledge that we are on the traditional territory of the Algonquin nation.

I am pleased to have this opportunity to speak at second reading of Bill C-6, a bill that proposes amendments to the citizenship oath to include an acknowledgement of the important role of indigenous people in our country.

These amendments have four key components of much significance. First, they appreciate and respect that indigenous people are an important part of Canada's history and identity. Second, they reflect our government's commitment to the path of reconciliation. Third, they remind all Canadians who take the oath of citizenship that the recognition of aboriginal and treaty rights is a responsibility enshrined in our Constitution. Fourth, they ensure that all Canadians move toward reconciliation in unity.

In order to become a citizen of this great nation of ours, all newcomers 14 years and older who have been granted citizenship must take the oath of citizenship. Upon reciting the oath, new citizens agree to obey Canadian laws and fulfill their duties as Canadians. The citizenship oath may only consist of a few words, but its significance is profound. Indeed, the citizenship oath is an important symbol of the values we share as citizens of Canada.

When newcomers take the citizenship oath, they make a solemn promise to their fellow Canadians. It is a public declaration that they are joining the Canadian family and are committed to Canadian values and traditions.

Immigration has shaped Canada, which currently includes citizens of over 200 ethnic groups. Thirteen of those ethnic groups have Canadian populations of over one million people. Today, more than one-fifth of Canadians were born outside of Canada. These individuals chose to immigrate to Canada. The fact that Canada has one of the highest naturalization rates in the world underscores the value of our citizenship. Over the last 10 years, Canada has welcomed nearly 1.7 million new Canadians.

Canada values the important contributions that indigenous people have made throughout our history. First nation, Inuit and Métis people all played a role in building a stronger Canada. Indigenous people will continue to play a crucial role in our shared future.

The government's proposed amendments to the citizenship oath would allow new Canadians to fully appreciate and respect that indigenous people are an important part of Canada's history and identity. The new citizenship oath would also reflect our expectations that new Canadians demonstrate an understanding of indigenous people and their constitutional rights. In addition to fostering a better appreciation and recognition among new citizens of the important contributions of indigenous people, the proposed new citizenship oath reflects our government's commitment to reconciliation, hence my second point.

The government is committed to a renewed relationship with indigenous people based on respect, rights, co-operation and partnership. The proposed new citizenship oath responds to a call to action from the Truth and Reconciliation Commission and is the result of consultations with national indigenous organizations. The revised text also reminds all Canadians that recognition of aboriginal and treaty rights is not a political or administrative gesture, but a responsibility enshrined in our Constitution, hence my third point.

While Canada's Constitution recognizes and affirms the rights of indigenous people, the government believes that all Canadians should have a deeper appreciation of the role of indigenous people in the history and culture of Canada. Whether we were born here or chose to become a citizen, as Canadians we respect fundamental rights and freedoms, share values of equality and celebrate our diverse culture, traditions and languages. These traditions and cultures include those of indigenous people.

The process of reconciliation is one in which all Canadians can and should participate. This includes the participation of our newest citizens, hence my fourth point. It is essential that all Canadians move forward together on the road to reconciliation so we can leave a proper legacy for future generations.

With these changes to the citizenship oath, let us take this opportunity to acknowledge our country's past and move toward a renewed relationship with indigenous people based on inherent rights, respect and partnership. The government is proudly introducing historic changes to the oath of citizenship so that new Canadians can also promise to faithfully observe the law of Canada, including the Constitution, which recognizes and affirms the treaty rights of first nations, Inuit and Métis people. With strong indigenous institutions, we will contribute to the important work of closing the socio-economic gap and fostering strong indigenous communities for future generations.

I urge hon. members to join me in supporting this crucial piece of legislation at second reading.

[Criminal Code, February 19th, 2020]

moved for leave to introduce Bill C-207, An Act to amend the Criminal Code (presentence report).

Mr. Speaker, it is a great honour for me to rise today to reintroduce my private member's bill as the member of Parliament for Richmond Hill. The bill would amend paragraph 721(3)(a) of the Criminal Code. I would also like to thank the hon. member for Mississauga—Erin Mills for once again seconding the bill.

The bill would mandate that alongside such information as age, character, behaviour and willingness to make amends, information outlining mental health disorders and available mental health care programs for accused be provided in a pre-sentence report, unless otherwise specified. Access to such information is vital to ensuring that Canadians with histories of mental illness are afforded care, compassion and appropriate treatment throughout the process of their rehabilitation.

I urge all members of the House to support the bill.

(Motions deemed adopted, bill read the first time and printed)

[Royal Canadian Mounted Police Act, February 6th, 2020]

Mr. Speaker, I have full confidence in all of our security agencies and organizations to work collaboratively to ensure that those who are crossing our border, regardless of their nationality, receive background and security clearances before entering the country. While they are here, they are closely monitored. If there are any issues, they will be reported and dealt with by the proper authorities.

I thank the member for his concern for the safety of Canadians and those who come to our country.

[Royal Canadian Mounted Police Act, February 6th, 2020]

Mr. Speaker, once again, I would like to thank the hon. member for his advocacy. As the hon. member mentioned, he has been at the forefront of this for many years, and I am glad to hear that he will be supporting this bill.

As far as the consultation is concerned, I believe that there were a number of consultations done for us to get to this stage. I am confident that once this bill makes it to committee, further consultation will be conducted and, if need be, union members from CBSA or other members will be called, if needed, to amend and further strengthen the bill.

As far as the timing is concerned, this is something that will be decided by the ministry and the minister. As the bill number indicates, Bill C-3 is the first bill initiated in this House, and I am sure that there is strong support for early adoption and full implementation of the bill.

Again, I thank the hon. member for supporting this bill.

[Royal Canadian Mounted Police Act, February 6th, 2020]

Mr. Speaker, as I said, it will further strengthen the ability of those who are receiving services to have a platform to raise their concerns. As has been discussed before in the House, provisions are being made already to welcome those who are irregularly crossing the border. This is another step in further strengthening and ensuring they have an opportunity to be heard in case there is an issue or a concern.

[Royal Canadian Mounted Police Act, February 6th, 2020]

Mr. Speaker, I would like to inform you that I will be splitting my time with the hon. member for Mississauga—Erin Mills.

As it is my first time rising in the 43rd Parliament, I would like to extend my heartfelt thanks to the constituents of Richmond Hill, who bestowed on me the honour of representing them in the House. I thank my campaign manager, my riding association executive and the over 100 volunteers and friends who worked so hard to help me get re-elected.

I would especially like to acknowledge and thank my wife Homeira; my daughter Nickta and my son Meilaud, who have supported me in my political life over the past five years.

I am pleased to have this opportunity to rise at second reading of Bill C-3. The bill proposes to create an independent review and complaint mechanism for the Canada Border Services Agency, the CBSA. I would like to highlight five significant components of the bill.

First, it would provide for civilian oversight.

Second, it would strengthen the accountability and transparency of the CBSA.

Third, it would ensure consistent, fair and equal treatment to all when receiving services.

Fourth, it would complement and align with other measures being taken by our government to create independent review functions for national security agencies.

Fifth, it would close a significant gap with the other Five Eyes international border agencies.

Such mechanisms help to promote public confidence by strengthening accountability. They ensure that complaints regarding employee conduct and service are dealt with transparently. CSIS, the RCMP and the Correctional Service of Canada are already subject to that kind of accountability.

Among the organizations that make up Canada's public safety portfolio, only the CBSA does not currently have a review body to handle public complaints. Bill C-3 would fill that glaring gap and build on recent accountability and transparency reforms introduced by the Government of Canada.

One of those reforms is the newly created National Security and Intelligence Committee of Parliamentarians. This new body addresses a long-standing need for parliamentarians to review the government's national security and intelligence activities and operations, including those involving the CBSA. Its members have unprecedented access to classified information.

As the Prime Minister has said, it “will help us ensure that our national security agencies continue to keep Canadians safe in a way that also safeguards our values, rights, and freedoms.”

The government has also brought into force a new expert review body, thanks to the passage of Bill C-59, called the National Security and Intelligence Review Agency.

This new agency will greatly enhance how Canada's national security agencies are held to account. It will establish a single, independent agency authorized to conduct reviews on national security and intelligence activities carried out by departments and agencies across the Government of Canada, including the CBSA.

The legislation before us today would go one step further by establishing an independent review and complaints function for the CBSA's other activities. Those activities play a critical role in our country's security and economic prosperity. They facilitate the efficient flow of people and goods across our border to support our economy, while protecting the health and safety of Canadians.

In keeping with its sweeping mandate, the scale of the CBSA's operations and the number of people and goods it deals with are enormous. CBSA employees deliver a wide range of services at more than 1,000 locations, including 117 land border crossings, 13 international airports and 39 international offices.

The agency's employees are diligent and hard-working. In 2018-19, they interacted with more than 96 million travellers and processed more than 19 million commercial shipments and 54 million courier shipments.

The vast majority of the CBSA's interactions and transactions go off without a hitch. However, when dealing with more than a quarter of a million people each day, and nearly 100 million each year, the occasional complaint is inevitable. Each year the CBSA recourse directorate receives approximately 2,500 complaints concerning employee conduct and services.

Last summer, as I was knocking on doors in my riding of Richmond Hill, I talked to many residents, Canadian citizens and permanent residents alike, who regularly crossed the borders to and from the U.S. They shared their challenges with wait times, extensive and intrusive repeated questioning and the feeling of inferiority that it left them with. Repeatedly, they raised their concern about their inability to get answers about the way they were treated and their frustration with the lack of an independent body to raise their concerns.

However, as I noted earlier, there is currently no independent review body that people can turn to when they are unsatisfied with the level of service or the conduct of an officer at the border. That accountability gap has generated considerable public interest and been regularly raised by parliamentarians.

On that note, I would like to recognize and thank the now-retired Wilfred Moore for his advocacy on this issue with the introduction of Bill S-205 in the other place.

There have also been numerous calls by stakeholders and NGOs to improve CBSA accountability and transparency. The Canadian Civil Liberties Association said that it considered “such a gap as being incompatible with democratic values and with a need for public trust in such an important agency.”

According to the late Professor Ron Atkey of York University, the lack of CBSA oversight presented “a problem in the makeup of the current security intelligence review mechanism”. He added that the creation of the committee of parliamentarians should not be considered as a substitute for independent expert review bodies, which he suggested should be extended to cover CBSA.

That is exactly what Bill C-3 would do. It proposes to establish an independent review mechanism for the CBSA by expanding and strengthening the existing Civilian Review and Complaints Commission, or CRCC. The CRCC is currently the review agency for the RCMP.

To reflect its proposed new responsibilities under Bill C-3, it will be renamed the public complaints and review commission, or PCRC. The proposed new PCRC will be responsible for handling reviews and complaints for both the CBSA and the RCMP. The PCRC will be accessible to anyone who interacts with CBSA employees and has complaints about the conduct of CBSA officers and the quality of services.

The PCRC will also have the ability to conduct reviews of the CBSA on its own initiative or at the request of the Minister of Public Safety. Those reviews could focus on any activity conducted by the CBSA, with the exception of national security matters.

With the passage of Bill C-59, the National Security and Intelligence Review Agency will be responsible for complaints and reviews relating to national security, including those involving the RCMP and CBSA. The PCRC will work in a complementary manner with the proposed new National Security and Intelligence Review Agency. Provisions in Bill C-3 will facilitate information sharing and co-operation between the two bodies. If the PCRC were to receive those types of complaints, it would refer the complainants to the appropriate body.

By providing an independent arms-length mechanism for people to be heard, Bill C-3 would make them more comfortable to come forward with a complaint. That, in turn, would help ensure that Canadians would remain confident in the system of accountability for the agencies that work so hard to keep them safe.

That is why I urge hon. members of the House to join me in supporting this important legislation at second reading.