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)

27 statements

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal

Linked statement

“A doctor who provides assisted dying wrote that just knowing they qualify helps people suffer less, gives them a choice, and lets them focus on living. I want the member to tell me what he thinks about that.”
Official Hansard

Mr. Speaker, I would like to be able to quote an article that was written by Stefanie Green, who is the main practitioner and founding president of the Canadian Association of MAiD Assessors and Providers. It reads: As a practitioner...I can tell you that...if I can tell someone they are eligible for an assisted death, regardless of if they ever pursue one or not, I see their suffering reduced. Rather than feeling helpless, they become empowered with choice. And in that remarkable moment, I watch them almost immediately stop focusing on how they are going to die, which is something they have been so fearful of, and begin to concentrate instead on how they plan to live for the time they have remaining. I am just wondering if the member could provide his thoughts on that particular quote.

Costas Menegakis, Aurora—Oak Ridges—Richmond Hill

Conservative
“We need to study this assisted dying bill very carefully. We must listen to doctors, lawyers, families, veterans, and people with disabilities. We should send the bill to committee and propose changes to improve it. The government needs to listen to other parties and the public, because this bill is about human life.”
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Official Hansard

Mr. Speaker, Bill C-41 is before us. I think it is incumbent upon us to discuss it in full detail in the context of what it means for people who are at the end of their life or who are very close to people who are at the end of their lives. I think we need to carefully examine this piece of legislation. We need to consult medical professionals, legal experts, families, veterans and people living with disabilities and listen to them. We need to bring it to committee, discuss it, discuss it here in the House and propose amendments. The government has not been forthcoming in welcoming amendments from other parties in the House. With legislation like this, I think it is important that the government listens to not only what its members think, but also what other people think as well. We are the voice of the people in the House. We should listen to the experts who give us advice and make this legislation as strong and as foolproof as possible, because we are talking about the most important thing for all of us, which is life.

Branden Leslie, Portage—Lisgar

Conservative
“I worry that the safeguards in this bill will not be enough. How can we make sure the government listens to experts so these rules actually protect people?”
Official Hansard

Mr. Speaker, I appreciate that this is a difficult subject. Many of us, if not all of us, have had a loved one who has struggled with mental illness or aging challenges such as dementia. My concern is trying to understand whether or not these safeguards are going to be enough in this law. My colleague just pointed out the importance of life. I am curious about his thoughts on how best we go about ensuring that the government is willing to listen to those experts and help us understand what the necessary safeguards are to make sure the rules in place are actually achieving their intended results.

Costas Menegakis, Aurora—Oak Ridges—Richmond Hill

Conservative
“I want stronger federal rules and oversight for assisted dying. People must have a choice right up to the last second. This bill lets someone ask for assisted dying decades before it happens, but they might change their mind later.”
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Official Hansard

Mr. Speaker, our party, the Conservative Party, has advocated for stronger federal monitoring and public reporting. I want to thank the member for his question because it gives me an opportunity to say that I think we should all believe that there should be minimum national standards for MAID oversight. We should have updated guidance and training and a review of effectiveness and enforceability of current MAID safeguards. This needs to be ongoing. It needs to be serious. We need to look at it and ensure that oversight is there, and that we absolutely, at all times, ensure that the person has their choice up to the very last second. This legislation, for example, would allow someone to make a decision decades earlier, but decades later, they may have changed their mind. We cannot go by that. Safeguards are very important in ensuring that we preserve the will of the person whose life is at stake.

Yves Perron, Berthier—Maskinongé

Bloc Québécois
“I want the House to agree to let me share my speaking time with my colleague.”
Official Hansard

Mr. Speaker, before I begin, I would like to seek the unanimous consent of the House to share my time with my highly esteemed colleague from Côte-Nord—Kawawachikamach—Nitassinan.

Yves Perron, Berthier—Maskinongé

Bloc Québécois
“This bill bans people with mental illness from choosing medical assistance in dying. I believe this ban is against the Constitution. The courts will strike it down years from now, and vulnerable people will suffer and spend money on lawsuits in the meantime. We cannot vote for a bill that violates the Constitution.”
Official Hansard

Mr. Speaker, there are two issues in this bill. There is the issue of granting access for patients with a serious, recurring and incurable mental illness, and there is the issue of granting access with advance requests. We are disappointed with the denial of access on the basis of a mental illness, because we think that excluding a whole group from the outset, regardless of how their cases might be analyzed, may be unconstitutional. In fact, we do not just think that is the case; we are quite certain. That really concerns us. How can we vote in favour of a bill when we know that it will be struck down as unconstitutional? The problem is that it will be found to be unconstitutional five, six, seven or eight years from now. In the meantime, people who are already vulnerable, people who already have no money and no resources will experience untold suffering. They will have to pay legal fees, organize a campaign and spend an incredible amount of time on legal proceedings. I do not think that is right. I would remind members entering the House for oral question period that some members are giving speeches. I would appreciate it if they could keep it down, because this is a serious matter that needs to be discussed with care. When we hear members speaking loudly, as is the case right now—

Yves Perron, Berthier—Maskinongé

Bloc Québécois
“I want this bill changed. Banning people with incurable mental illness from asking for medical assistance in dying goes against their rights. They should not have to sue the government to get care. I also want the rules for advance requests to match Quebec's law, which is less restrictive.”
Official Hansard

Mr. Speaker, as I was saying, this is a serious and important issue, so we have to discuss it with care. That is why I would like my colleagues to quiet down in the House. I will pick up where I left off. We are certain that disqualifying people for MAID on the grounds of mental illness from the outset will be ruled unconstitutional. These individuals will be forced to personally take legal action against the government, like Ms. Gladu and Mr. Truchon had to do. It is appalling. People need to understand exactly what we mean by mental illness. I heard members saying earlier that we all have loved ones who have had mental health issues. That is true, but that is not the kind of mental health problems we are talking about here. It is actually clearly described in the legislation. We are talking about intolerable suffering and incurable illness. We are talking about suffering that cannot be relieved. It does exist. No one here is a psychiatrist. No one here can say, beyond all reasonable doubt, that cases like this do not exist. The number of cases like these are limited, because they are exceptions, so it makes no sense to shut the door completely. Access to MAID is not going to be rubber-stamped and provided straightaway to anyone who asks. An extensive process is involved. In Quebec, it is actually very carefully regulated. That takes care of the first part on expanded access to MAID. I will now move on to the second part, which concerns advance requests. On October 7, when the minister announced his intentions, we were delighted. I am guessing that the government members were happy to see Bloc Québécois members’ enthusiastic response to this announcement. To be honest, that does not happen very often, especially with a majority government. However, after analyzing the bill, we have some major concerns. I asked the minister about that earlier. I was pleased that he promised to speak with our critic, the hon. member for Montcalm, who knows the issue inside and out after spending countless hours studying it. He does more than make speeches; he talks to people on the ground. He has an incredible network, and he will be able to tell the minister what people on the ground are thinking. I hope that we will come up with something that makes sense. Our concern with the current wording is that the federal law would be more restrictive than Quebec’s law. For the time being, the Criminal Code takes precedence over Quebec’s laws. We are working on that. If the Criminal Code were to become more restrictive, Quebec’s laws would have to be amended accordingly. It is because of this type of thing that the Quebec nation hopes to one day be able to manage its own affairs in its own parliament. There is the issue of language, but that is not all. We are increasingly convinced by the examples we see on a daily basis that this would be the right thing to do. Our chief concern is that Quebec’s criterion is whether the suffering is considered to be tolerable. However, the federal law says that the criterion is whether relief can be provided through reasonable means. I will stop here and continue after oral question period.

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