Medical Assistance in Dying Safeguards Act

Bill C-41, Medical Assistance in Dying Safeguards Act · Second reading · now at second reading in the House Where it stands

What Bill C-41 would do

The bill would permit doctors and nurse practitioners to provide medical assistance in dying to people who have lost the capacity to consent, if they made an advance request while still able to do so. To qualify, the person must have been diagnosed with a serious and incurable condition expected to cause that loss of capacity, and their province must have a system to store and track those requests. The bill would also permanently exclude people from receiving assisted dying solely on the basis of a mental illness.

Official text (opens in a new tab)

6 statements

Jenny Kwan, Vancouver East

NDP
“I do not want this assisted dying bill rushed through committee. It gives people different rights depending on which province they live in, and it bans assisted dying for mental illness alone. People can only make a real choice if they have good mental health care, disability supports, housing, and end-of-life care first. The committee needs to take time to listen to experts and people with lived experience.”
Official Hansard

Mr. Speaker, I rise to speak to Bill C-41, the medical assistance in dying safeguards act. This is one of the most profound questions Parliament can consider. It touches on life, death, dignity, autonomy, compassion, equality and our responsibilities to one another. It is deeply personal, affecting individuals confronting serious illness, their families, caregivers and medical professionals. There are deeply held differences of opinion on this issue shaped by personal experience, ethical traditions, religious beliefs and understandings of human dignity. For that reason, this is a matter of conscience and a free vote for the New Democratic caucus. At the heart of this debate is a fundamental human rights question: How do we respect individual dignity, autonomy and rights while protecting those who may be vulnerable? Every person deserves to live and die with dignity. That means respecting the right to make deeply personal decisions about one’s body, health and end-of-life care. It also means ensuring that people are not abandoned by the systems and institutions meant to support them. Canada’s debate about assisted dying has been shaped by decades of advocacy, legal challenges and difficult ethical questions. We all remember the case of Sue Rodriguez in 1993. Former NDP MP Svend Robinson stood by her. It was a difficult moral issue then, and it remains difficult today. Living with ALS, Rodriguez challenged Canada’s prohibition on assisted dying. She argued that she should have the right to seek assistance in ending her life before her illness took away her ability to do so. The Supreme Court rejected her challenge in a narrow 5-4 decision, but her struggle brought questions about autonomy, equality, security of the person and dignity into the national conversation. More than two decades later, the Supreme Court revisited those questions in Carter v. Canada. In February 2015, the court unanimously found that the Criminal Code prohibitions on physician-assisted dying violated the charter rights of certain competent adults experiencing grievous and irremediable medical conditions causing enduring and intolerable suffering. That decision was a landmark moment in Canadian human rights law. Parliament responded with Bill C-14 in 2016, establishing Canada’s first federal framework for medical assistance in dying. In 2021, Bill C-7 expanded eligibility for certain individuals whose natural death was not reasonably foreseeable, while introducing different safeguards. Subsequent legislation, including Bill C-39 and Bill C-62, delayed the proposed expansion to people whose sole underlying medical condition is a mental illness. Now Bill C-41 is before us to respond to the courts, and Parliament is addressing two critical questions: one, the issue of advance requests and, two, those whose sole underlying medical condition is mental illness. On the first question, what Bill C-41 would do is establish a framework for advance requests for MAID, and it would only be permitted in provinces and territories that have the required legislative regime in force. Because Bill C-41 stipulates that an advance request is permitted only in provinces or territories that have the required legislative regime in force, it raises serious concerns about unequal access. Canadians should not have different rights depending on where they live, yet this is where we are at with Bill C-41. I will have more to say about that. On the second point, the bill would maintain the exclusion of people whose sole underlying medical condition is a mental illness. There are different human rights perspectives on that question. Excluding people solely because of a mental illness raises serious charter equality concerns. There is an argument that people should not be denied access to a legal medical procedure simply because of their diagnosis and that eligibility should be considered through appropriate individualized assessments and safeguards. At the same time, mental health experts and disability rights organizations have raised concerns about the ability to determine when a mental illness is irremediable, the availability of appropriate treatment, and profound disparities in access to care. There is no question that these concerns deserve serious consideration. For example, end-of-life advocacy groups view the exclusion of mental illness as discriminatory and unconstitutional, emphasizing bodily autonomy and equity under the law. Dying With Dignity Canada expressed deep disappointment over legislative barriers, stating that preventing a group of people from having access to a legal medical procedure simply because of their diagnosis violates charter rights. The organization maintains that individuals should have equal rights to apply based on rigorous individualized assessments. On the flip side, Inclusion Canada, a leading disability rights group, argued that expanded eligibility perpetuates dangerous ableist assumptions that life with a disability is not worth living. Meanwhile, the Centre for Addiction and Mental Health notes that there is a lack of established criteria and consensus among psychiatrists for if and when a mental illness should be considered irremediable, alongside stark disparities in access to care. To that end, there is another dimension to this debate that we cannot ignore. The right to make a choice is meaningful only when people have real choices available to them. Experts, disability advocates and health care organizations have raised concerns about whether people experiencing profound suffering always have access to the care and support they need. Some warn that assisted dying risks becoming an answer to suffering that could be alleviated through better access to health care, affordable housing, disability supports and community services. The government’s own report has identified inadequate funding for mental health services. A person living with a disability should not have to fight for basic services, appropriate housing or the resources required to live independently. A person experiencing mental health challenges should not face inaccessible treatment, long wait-lists or a shortage of community-based supports. Someone approaching the end of life should not be denied quality palliative care because of where they live or their financial circumstances. Telling someone that a service exists is not the same as ensuring they can access it. Palliative care, counselling, disability services and mental health treatment must be timely, affordable and appropriate. This is not an argument against individual autonomy. It is an argument that autonomy must be supported by the social and economic conditions that allow people to exercise it meaningfully. The federal government has a responsibility to work with the provinces and territories to address these gaps. Dignity cannot be separated from the material conditions in which people live. In June, the Special Joint Committee on Medical Assistance in Dying recommended that the federal government indefinitely exclude people whose sole underlying medical condition is a mental illness. The committee also identified a pressing need for increased and more equitable access to adequate mental health services. People deserve timely access to treatment, counselling, psychiatrists, psychologists and community-based services. The committee’s call for more equitable mental health services must not be lost in this debate. Maintaining an exclusion in the Criminal Code cannot substitute for the government’s responsibility to invest in mental health care. We must also consider how this legislation would affect people differently. People living in poverty, experiencing homelessness, living with disabilities or living in remote communities can face significant barriers to accessing health care. First nations, Inuit and Métis communities have experienced generations of inequities in health care, including inadequate access to culturally safe services and palliative care. The government must engage indigenous governments and organizations meaningfully in implementation, respecting indigenous self-determination and the diversity of perspectives within indigenous communities. We must ask whether every person can make an informed and voluntary decision without pressure, discrimination or the absence of meaningful alternatives. This is a fundamental human rights question. I began by noting that Canada’s debate about assisted dying has been shaped by decades of advocacy, legal challenges and difficult ethical questions. I suspect that this is not the end to legal challenges on this question. There are people who believe that the right to die with dignity is inseparable from the right to make decisions about one’s own body and the circumstances of their death. There are others who approach this question through concerns for the sanctity of life, the protection of the vulnerable, disability rights and the responsibilities of society. We must make room for these differences and chart a path forward. Regardless of which party one belongs to in the House, we can all agree that every person deserves dignity, compassion and access to appropriate health care and support. No one should be made to feel that their life is less valuable because they live with a disability, an illness, poverty or circumstances that make life more difficult. The right to make decisions about one’s own life and death cannot become an excuse for the government’s own withdrawal from its responsibility to provide care. There is the important work of the parliamentary committee. People with lived experiences, families, disability advocates, indigenous organizations, medical professionals and other experts must have the opportunity to contribute and be heard. We must not rush the bill through committee. We owe Canadians a process that is thoughtful, transparent and grounded in human rights, and we must respect the dignity of people at the end of life, protect those who may be vulnerable to coercion or who have inadequate support, and build a health care system that gives everyone the opportunity to live and die with dignity.

Jenny Kwan, Vancouver East

NDP
“Advance requests for medically assisted dying are an important part of this bill. People might change their minds as their illness gets worse. The committee must not rush this bill. It needs to hear from witnesses with different viewpoints so we can make the right decision.”
Official Hansard

Mr. Speaker, the member raises the issue of advance requests, and that is an important issue we are debating today as part of this piece of legislation. With advance requests, there is a set of eligibility rules and safeguards prescribed in the bill, and people would have to meet all of those requirements in order for the advance request to be valid. With that being said, of course, people experience illness and later on, in different stages of the illness, it is possible that they might have a different viewpoint. They might express that in a different way, or maybe sometimes they do not. That is the essence of the question that needs to be resolved. Through the committee process, it would be absolutely critical for the government not to rush through but to invite different witnesses with different perspectives, for them to be heard and for the committee members to ask important questions in order to arrive at the correct decision in moving forward.

Jenny Kwan, Vancouver East

NDP
“The committee should look at whether it is constitutional to ban people with mental illness from medical assistance in dying. Also, people might choose to die just because they cannot get help. The government must fund mental health care in the budget so people can get treatment.”
Official Hansard

Mr. Speaker, two important issues were raised in that question. One is a constitutional question. I note that in the special committee’s report, there were dissenting opinions that called for the government, in fact, to raise a reference question to the courts on the constitutionality of denying people with mental illness access to MAID. The government decided not to exercise that right, and I think that is an important question that should be raised at committee and explored. On the other issue, with respect to the lack of support and services for people, there is one study that the member referenced. There are also a lot of other lived experiences, most certainly, of advocates, people who are advocates for disability, for mental health, for people living in palliative care, etc., who say it is absolutely critical that services be made available. Otherwise, it is possible that some people might opt for MAID. That is the thing we do not want to allow to happen. Hence, I hope that in the upcoming budget to be tabled tomorrow, the government steps it up and matches its words with action, particularly in support of mental health, and provides the needed support across the country for people who need to access treatment.

Jenny Kwan, Vancouver East

NDP
“I want the government to give people with mental health challenges the support they need, from early diagnosis to treatment. This is not happening across Canada, including in my riding. Both Conservative and Liberal governments have failed to provide this help, and it leaves people with impossible choices.”
Official Hansard

Mr. Speaker, I think the important issue here is this. At the nub of the issue, what I want to see is for the government to step up in providing the necessary supports for people who face difficulties and people who have mental health challenges, all the way from early diagnosis to prevention to treatment. That is not happening right now across the country, and most certainly is not happening in British Columbia and in Vancouver East. That was the case when the Conservatives were in government, and it is the case now with the Liberals in government, so I would say to everybody, step it up for the community so that people are not faced with impossible choices and decisions.

Jenny Kwan, Vancouver East

NDP
“Provinces will have to carry out this plan, and they will need money to set it up and support doctors. The government must keep its promise and give provinces more health care funding in the next budget.”
Official Hansard

Mr. Speaker, that is exactly the issue. The fact is, this would now be subject to the provinces, and I think there would be different approaches, different infrastructure, with respect to that. It does raise the question, again, around the federal health care transfers and the dollars that are necessary to support provinces and territories in order to put the framework together and support the medical practitioners in getting the job done. I would urge the member to say to the Prime Minister and the Minister of Finance that in this upcoming budget, they must properly resource provinces and territories in health care funding and in the transfer, and live up to what the Liberals promised when they were in opposition and when they were in government in terms of the necessary increases in funding to support provinces and territories to do the job right for all Canadians.

Jenny Kwan, Vancouver East

NDP
“Quebec leads the country on issues like this and child care, and Canada follows. Choosing medical assistance in dying is a personal choice. The government must fully support people who are suffering, and it must also support people who choose to end their lives this way.”
Official Hansard

Mr. Speaker, Quebec is always further ahead than the rest of the country. On this issue and on child care, it has always led, and so the rest of the country is always following. There is no question about it. However, this is a really important debate to raise some of the issues that have surfaced about whether it is right or wrong. It is an individual choice in terms of exercising MAID. It is fundamental that the government ensure that those who are suffering are supported in every way, and if they exercise their autonomy to have MAID, we need to support them in that process as well.

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