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Justice committee  I would just say from a drafting perspective that we would probably say that “immediately before” is quite clear and not open to being interpreted as anything other than in the moments immediately before. The concern with “at the time of” might be that medical assistance in dying

May 10th, 2016Committee meeting

Joanne Klineberg

Justice committee  I would just point out for the committee that the use of words “grievous and irremediable” in this section would track all of proposed subsection 241.2(2) from the previous page, but included within proposed 214.2(2) on the previous page is the person's subjective experience of i

May 10th, 2016Committee meeting

Joanne Klineberg

Justice committee  This amendment would mean that the written request would have to be signed and dated after the person was informed that they have a serious and incurable illness, that they're in a state of advanced and irreversible decline in capability, and that the illness, disease, or disabil

May 10th, 2016Committee meeting

Joanne Klineberg

Justice committee  To advise the committee, from a drafting perspective, we've been reassured numerous times by the legislative drafters that this is not legally necessary. The only thing I would mention is that consideration would have to be given to the French version because if we add “only”, i

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  It doesn't match the French under 241(2)(1) that's all.

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  That's fine.

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  The ministers explained that the objective of the choice that was made was to enable people who are suffering while in decline on a trajectory towards death to have a peaceful method of dying. That being the case, there are choices about how the legislature could describe or def

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  A qualified medical practitioner is a term that's in the impaired driving provisions of the Criminal Code. These are people, I think, who can do the Breathalyzer or something related to taking breath samples. It's defined as a person duly qualified by provincial law to practise

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  I will start by saying that the way I think we would read this is that it would set as the default mode of medical assistance in dying the self-administration by everyone who is capable. Then, for those who are not physically capable, the administration of the substance by the pr

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  Yes, “information on the lawful provision of medical assistance in dying”.

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  Well, there are a couple of things for the committee's consideration, again. One, if we think about the exemptions that have been created for people who might aid the physician or the nurse practitioner, it was drafted to say “any person” because there might be other types of pr

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  “Counsels” is a word that's been part of the criminal law for decades, if not centuries. There is a definition of “counsels” in section 22 of the Criminal Code that applies throughout the code, so it's also not a word that is limited to being used in the context of section 241. I

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  I would like to provide the committee with a little bit of context that may be of use with regard to the provisions on self-defence, which actually were amended by Parliament just a few years ago. It's the one defence, actually, at present, that can be invoked when a person is ch

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  Yes, reasonableness is always in the circumstances that the person found them in. The question is, imagine another reasonable person in those circumstances, would they have formed the same belief?

May 9th, 2016Committee meeting

Joanne Klineberg

Justice committee  Our understanding based on the court ruling of the circumstances of Kay Carter was that she was in a wheelchair and needed assistance for most of her daily functions, so her mobility was quite limited. It's not really a provision of paragraph (b) that speaks to there being a cha

May 2nd, 2016Committee meeting

Joanne Klineberg