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Kristina Tesser Derksen

Liberal on Medical Assistance in Dying Safeguards Act 2026-11-04

Replying to Luc Thériault (Bloc Québécois)

“Madam Speaker, my colleague talked about the history of MAID in Canada. I hope my colleague knows that Bill C-14 did not respond to the Carter decision, because Ms. Carter and Ms. Taylor were not terminally ill, and Bill C‑14 enshrined a flawed Quebec law. Essentially, that legislation should have addressed the cases of Mr. Truchon and Ms. Gladu. However, the onus once again fell on Ms. Gladu and Mr. Truchon to assert their constitutional rights and to invoke the Carter decision in the Baudouin case. Neither of them was terminally ill, and natural death was not reasonably foreseeable. With respect to mental disorders, is my colleague aware that all the experts said that this blanket exclusion is discriminatory and that, if we postpone the debate indefinitely, we will never again be able to have this debate here? This means that vulnerable people with mental disorders who have been suffering for decades will still have the burden of taking their cases all the way to the Supreme Court to assert their constitutional rights.”

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Madam Speaker, I thank my colleague for that good question. In my remarks, I mentioned that I was on the joint committee with the hon. member, and there was vigorous debate and certainly difference of opinion on a number of factors. I take his point with respect to what he is saying for folks who are experiencing mental illness as the sole underlying condition. I had an experience of talking to someone in my riding who was very disappointed that as someone with mental illness, they would not be able to access MAID, given the recommendations of the committee. As I mentioned, it was primarily because the provinces and territories had shown they were not ready to assess and consistently and safely administer MAID in those situations. My colleague also referenced the extensive case law and the legal history. I am sure the law will continue to develop, as it has over the past 10 years, but right now we find ourselves here with this very important comprehensive piece of legislation that I hope we can have his support on.