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)

177 statements

Arpan Khanna, Oxford

Conservative
“Health care in Canada should be better. The government should stop spending money abroad and use it to fix our health care system at home instead. Right now, Canada pays more on debt interest than on health care transfers.”
Official Hansard

Mr. Speaker, I strongly believe that health care in Canada should be better than what it is right now. I believe the current government should stop its reckless spending on other pet projects outside of the country, bring that money home and invest it in health care services. For example, the debt the government has increased in this country is from interest payments. We are paying more for interest payments than we are for health care transfers. Let us bring that money back home, and let us fix our health care system.

Tamara Jansen, Cloverdale—Langley City

Conservative
“I want to split this bill into two parts. I want to pass the ban on assisted dying for mental illness right now, and stop the plan to allow advance requests. People cannot predict years ahead of time if their future life with dementia will still be happy, and this bill does not have enough safety rules to protect them. Existing assisted dying rules already fail to protect people who change their minds, so we should not expand them to people who can no longer speak for themselves.”
Official Hansard

Mr. Speaker, there is a cruel kind of thief that enters a home without breaking a window or turning a lock. It does not steal the family’s silver or the money tucked away for a rainy day. The thief takes something far more precious. It steals memories, familiar faces and little pieces of a lifetime lovingly built together. About 10 years ago, that thief came for my auntie Grace. She arrived in Canada from Holland in her early twenties, stepping off a ship in Halifax with a whole new life ahead of her. She found work as a maid at 24 Sussex Drive for Prime Minister John Diefenbaker, where she even served tea to President Kennedy. Each morning, as she brought Mr. Diefenbaker his tea, he would hand her the newspaper and ask her to read aloud. She was in Canada now, he told her, and learning English was important, and learn she did. She married my uncle John, raised a family and together they built a successful pest control business. When they were not working, they would hitch up their little tent trailer and explore the beautiful country they had made their home. It was a good life, filled with hard work, adventure and love, but Alzheimer’s has a terrible way of unravelling even the most beautiful stories. My uncle cared for her at home until about five years ago, when her needs became more than he could manage alone. Today, at 92, he drives from Langley to Surrey every single day to sit beside his wife, make sure she is eating and see that she is being cared for. I remember him sending me a little video. There she was, happily sorting a tray of mismatched socks into pairs, only to mix them up and begin again. My uncle was so excited to show me how happy she was. These days, she does not recognize the man who has loved her for a lifetime or the children they raised together, but sometimes, when the family sings old, familiar hymns, she quietly hums along. Every once in a while, the faintest glimmer of recognition sparkles in her eyes. How precious those moments are to a husband who has devoted his life to loving his wife. Imagine another scenario. Imagine that, years ago, while my aunt was still the capable woman who had built the business, raised her children and travelled across Canada, she had written down a simple instruction, that if the day ever came when she no longer recognized her husband or children, she did not want to go on living. Perhaps she could not imagine there might still be happiness in a familiar song or contentment in sorting mismatched socks or love in the quiet presence of a husband she could no longer name. Imagine that day has come and someone must decide whether the time has come to act upon her words. There is something deeply troubling about asking someone to predict years in advance what will make their life worth living. When we are healthy and independent, we imagine all things we could not possibly bear. We tell ourselves we could never live without our memories and our independence, but something remarkable happens when people actually live through circumstances they once feared. Researchers call it the disability paradox. In a study of people with disabilities, more than half of those with moderate to serious disabilities described their quality of life as good or excellent. Lives that others might look upon with pity were lives the people living them still very much enjoyed. Researchers in the Netherlands studying advance euthanasia requests among people with Huntington’s disease also found that people making those requests recognized that their wishes might change as their illness progressed. The person writing an advance request is imagining a future they have never lived, but the person living that future may have discovered reasons to treasure it. When the decision is irreversible, that difference matters. I think about my aunt sitting contentedly with her mismatched socks and my uncle watching her, grateful for every smile. What if she had signed an advance request? Who would speak for the woman she is today? Who would notice that she was happy? Who would ask whether the suffering she once feared had actually become the suffering she was experiencing? Who would stop it if someone got that decision terribly wrong? When I turn to Bill C-41, I do not find the protections that would give me confidence that those questions have been answered. There is no requirement to tell a person their life is about to be ended or consult the family who knows them best, or have a dementia specialist examine them when that final decision is made. When the family disagrees, there is no independent court or tribunal required to review the decision before it proceeds. Then, there is the question of intolerable suffering. How can we be certain someone is suffering intolerably when they can no longer tell us what they are feeling? Researchers have spent years developing ways to recognize pain in advanced dementia, yet there is no gold standard assessment tool. A grimace might mean pain. Agitation might mean infection or an unfamiliar environment. These are things we should be trying to understand and treat, yet Bill C-41 would ask practitioners to determine not simply whether someone is suffering, but whether someone is suffering intolerably. How can we ask someone who cannot tell us what they are feeling to bear the consequences of another person’s judgment about whether their life is still worth living? I want to take us now into an Ontario care home on a summer morning this past July. An 83-year-old grandmother named Brigitte Stegemann was lying in her bed. She was someone’s mother and grandmother, and a woman whose family had loved her for a lifetime, but this was the morning she had scheduled to die. According to her granddaughter, just two days earlier, Brigitte had broken down in tears when she learned the date had been set. She said she had made a mistake, but now the day had arrived. Her granddaughter describes a nurse struggling to insert an IV, leaving blood on Brigitte’s nightgown and bedding. When the doctor arrived, Brigitte lay quietly with her eyes closed and her hands clasped tightly together, almost as though she was praying. Perhaps she was praying. Her family does not know. When the doctor asked whether they could proceed, Brigitte gave no answer. She did not open her eyes. She did not nod. She did not speak. Her granddaughter says she felt a wave of relief, believing the procedure would stop without confirmation of her grandmother’s wishes, but it did not, and within minutes, Brigitte was gone. This happened under existing MAID laws, before Parliament had even authorized this new expansion. A granddaughter is left wondering whether their grandmother’s wishes were respected and whether the safeguards meant to protect her worked at all. Now, Parliament is being asked to allow advance requests to be carried out when someone cannot consent nor confirm that they still want to die. If we cannot be certain that consent is being properly respected under today’s system, how can we be confident we will recognize a change of heart in someone who can no longer tell us what they want? The government has chosen to call Bill C-41 the medical assistance in dying safeguards act. What a remarkable name for a bill that purports to protect one group of vulnerable Canadians while opening the door to an entirely new expansion for people who can no longer consent. What troubles me most is what the government chose not to include. When I introduced Bill C-218 to protect Canadians suffering from mental illness, people asked why I had not included more mental health supports. I would have loved to, but as a private member, I was limited to what I could do in my bill. The government has no excuse. Instead of including the treatment, counselling and compassionate care vulnerable Canadians desperately need, the Liberals chose to attach an entirely different expansion of assisted dying. The only reason these two decisions are tied together is for political spite. The government could protect Canadians struggling with mental illness right now by splitting the bill and passing the mental illness exclusion today and then give Parliament the time to properly scrutinize the rest of the bill. With the looming March deadline, the Liberals have made the protection of one vulnerable group conditional on expanding assisted dying to another. As I stand here today, I keep thinking about my uncle John. Tomorrow morning, at 92 years old, he will get into his car and make that familiar drive from Langley to Surrey. He will find his wife and sit beside the woman he has loved for a lifetime. Perhaps she will recognize him. More likely, she will not. Perhaps they will sing an old hymn and she will happily sort her little pile of mismatched socks. My uncle will treasure every minute, because while Alzheimer’s has stolen so much from my aunt, it has not stolen her ability to experience happiness and it has not stolen my uncle’s love for her. Who among us has the wisdom to decide that those moments no longer matter? The thief has already taken her memories. Let us be careful that the law does not take away her tomorrows.

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

Liberal
“We have debated this issue for decades, and personal opinions matter. I want to know if the member's constituents agree with her view on this bill.”
Official Hansard

Mr. Speaker, as I tried to allude to earlier, the discussions and debates on this issue have been around for decades, starting in the early nineties. It is good that we have personal opinions and we want to share those personal opinions. Does the member have any sense of whether the constituents she represents reflect her opinion? Does she have any indication of what her constituents would have to say on this legislation?

Tamara Jansen, Cloverdale—Langley City

Conservative
“We must act before March 17 to stop medically assisted dying from expanding to mental illness. Instead of passing a simple bill to do that, the government tied it to another expansion of assisted dying. They are using the deadline to force us to pass changes we have not studied properly. The government should split the bill and protect people with mental illness right away.”
Official Hansard

Mr. Speaker, the political gamesmanship here is absolutely shameful. The government knows full well that Parliament has to act before March 17 to prevent MAID from expanding to mental illness alone. However, instead of introducing a straightforward bill to do exactly that, the Liberals have tied it to an entirely separate expansion of assisted dying. They are using an approaching deadline to pressure Parliament into accepting something it has not properly studied. They are holding the protection of one vulnerable group hostage against the expansion of MAID for another. If the government genuinely wants to protect Canadians struggling with mental illness, there is a very simple solution: split the bill and pass that protection immediately.

Luc Thériault, Montcalm

Bloc Québécois
“This bill lets provinces decide how advance requests are handled, and Quebec has its own law. I want the member to explain why she thinks Quebec's law would have caused what happened to her aunt.”
Official Hansard

Mr. Speaker, I have a question for my colleague. The bill stipulates that the matter of how to administer advance requests falls under provincial legislation. Quebec has its own law. I listened to the example she gave. What makes her think that the Quebec law would have done to her aunt what she claims?

Tamara Jansen, Cloverdale—Langley City

Conservative
“We must vote against this bill. It will let every province make its own rules, so people will just travel between provinces to get around them. It will create a total mess.”
Official Hansard

Mr. Speaker, the translation was a bit cut off, so I am not totally sure I understood his question. The challenge, as my other colleague spoke about, is we are going to have a patchwork of law. Every province can have its own bill. People will be able to travel from province to province. It is an absolute dog’s breakfast. We need to say no to this bill.

Garnett Genuis, Sherwood Park—Fort Saskatchewan

Conservative
“I oppose this bill. For ten years, even Justin Trudeau refused to allow advance requests for medically assisted death. He knew it could lead to killing people based on old documents that do not match what they want now. The current Prime Minister wants to go even further, and I want to know why.”
Official Hansard

Mr. Speaker, I thank my colleague for her excellent speech tonight. My friend across the way pointed out that this debate has been going on for a very long time. He said since the 1990s. I would say versions of this debate have been going on since the dawn of time, actually. It is notable that in 10 years, and through multiple phases of expansion, Prime Minister Justin Trudeau chose not to bring in advance directives. There were people in this House and elsewhere pushing for it at the time, but there were also grave concerns about how advance directives would lead to somebody in the future choosing to kill someone based on a document they signed in the past that may be ambiguous, may not be clear, or may not relate to their present lived experience or present preferences. Justin Trudeau thought that was a bridge too far. Now we have a Prime Minister who actually wants to go further in the expansion than Justin Trudeau did. Further, he is trying to deviously tie it to another issue. The core point on advance directives is this was considered for 10 years by a previous Liberal government, and Justin Trudeau was not exactly a moderate on these issues. It was too far, yet the Prime Minister has chosen to go even further. Why is that?

Tamara Jansen, Cloverdale—Langley City

Conservative
“The Liberals voted down a bill to permanently stop assisted dying for people with only a mental illness. Twenty days later, they brought in their own bill with that same rule, but added a new expansion to assisted dying. A committee already told them to make this rule in June. They did not need a whole new bill.”
Official Hansard

Mr. Speaker, let us talk about the government’s record here. Bill C-218 would have permanently prevented MAID from expanding to people whose sole underlying condition is mental illness. The Liberals voted it down on October 7. Twenty days later, they introduced their own legislation containing the same protection, but attached an entirely different expansion of MAID. The parliamentary committee had already recommended the permanent exclusion in June. The Liberals cannot pretend this is some new sudden revelation that requires an entirely new legislative package. They had the evidence. They had the recommendation. They had the bill before them. We could have addressed all the issues. They chose to defeat it and now they want to dictate the terms of protecting the very people they refused to protect three weeks ago.

Luc Thériault, Montcalm

Bloc Québécois
“This bill should be split into two separate bills and voted on separately. It puts two different issues together: medically assisted dying for mental illness, and advance requests. Completely banning people with mental illness from medically assisted dying is unfair and against our rights. Advance requests are also important, because they let people choose their care before their minds decline.”
Official Hansard

Mr. Speaker, in this debate, which can get quite emotional, I am going to try to live up to my riding’s name, and I will remain calm. The bill before us today is really two bills in one. The government proposed that the vote at second reading be split. In fact, I expected the Conservatives to support that proposal, but that does not appear to be the case. Later, at third reading, we can discuss whether it is appropriate to split the vote or even split the bill. However, for now, it seems to me that it would have been wise for everyone to agree to hold separate votes at second reading. The reason is that mental illness raises a distinct set of issues, while advance requests raise a different set of issues altogether. In my opinion, there should have been two separate bills. As I have said many times, when it comes to a human being determining the conditions of their end of life and determining what they consider to be the threshold of what is tolerable in this process, the law recognizes the principle of self-determination. The Baudouin ruling, which is an interpretation of the Carter decision, makes it clear that, in matters relating to mental illness, a blanket prohibition is discriminatory. What bothers me a great deal today is that, from the very first Special Joint Committee on Medical Assistance in Dying, the question was not whether we should move forward on the issue of mental illness. On the contrary, we said that we would wait and see whether the network, the providers and the system were capable of proceeding safely. That was the issue. It was not about whether we should move forward with it or not. Why were we so convinced of that as soon as we saw the first report from the late Marc Garneau, who was the chair of the committee? It was precisely because a blanket prohibition is discriminatory in nature. I heard all sorts of things about mental illness: astonishing intellectual shortcuts, horror stories and anecdotes. People are basing their positions on absolutely nothing. If what some are describing is actually happening today in the context of mental illness, that is, if people are being encouraged under the current law to choose medical assistance in dying, or if it is being suggested to people with mental illness, that is a criminal offence. It is that simple. One calls the police and reports it, because the Criminal Code already governs such situations. When witnesses come before committee and tell us anecdotal stories of that nature, I ask them whether they reported the matter to the police, because those cases are already covered by the Criminal Code. However, if we have legislation that sets out all the safeguards needed to ensure that things are done properly, that is quite a different matter. I heard all sorts of claims. The point, here, is not to suddenly allow a suicidal or depressed minor access to MAID. Such a person would not even be assessed for that purpose. Simply making a request does not make someone eligible. Some witnesses came and told us that if the bill had been passed, they would not have been there, in front of us. What basis do these people have for making such claims, given that the assessment process is precise and rigorous? The unfortunate thing about this debate is that very few lawmakers here have carefully read the experts’ report laying out all of the safeguards that would be needed to safely provide medical assistance in dying for people with mental disorders. Some will tell me that psychiatrists cannot assess irremediability. Fine, but they assess people’s decision-making capacity every day. There are people with mental disorders who also have cancer, and their capacity to consent, or not consent, to MAID based on their cancer can be assessed. Everyone is capable of doing that. Psychiatrists do this regularly, but if a mental disorder is the sole condition, suddenly opponents say they cannot do that. They say that psychiatrists cannot accurately determine a prognosis or a diagnosis and that this justifies a blanket prohibition for all individuals who are unresponsive to all the available treatments for their mental disorder. These are individuals who have never refused a treatment that could improve their condition and who, after several decades, sometimes 25 or 30 years, have come to the conclusion that they would like to end their lives with dignity, following a proper assessment, and certainly not when they are in distress or experiencing a suicidal crisis. A suicidal crisis is actually sometimes part of the expression of a mental illness or disorder. The fact remains that irremediability is a chronic condition established over time. That is a far cry from the scenario of a young man suffering from a broken heart who decides to put up his hand and say that he wants MAID. If the law were to pass, what would happen? By raising his hand, he would be raising a red flag, and instead of attempting suicide, thinking he is entitled to access MAID, he could be treated. He could be taken care of. However, right now, with a blanket prohibition, there is no preventive aspect in terms of there being a law to deal with the issue of mental disorders. As I said, this is unconstitutional. Going back to my first point, the government had five years, since the first Special Joint Committee on Medical Assistance in Dying, to ask the Supreme Court for an opinion. The government could have clarified whether the blanket prohibition imposed in the Carter decision unconstitutionally infringes on the rights of patients with a mental disorder and is therefore unconstitutional discrimination. However, it did not do that. It did not summon the courage to do so, and right now, if we decide to uphold the indefinite exclusion, it means there will be no more debate on this matter here. No future government would reopen the debate on this. What is happening? The burden is being placed on vulnerable patients. The government says it wants to protect vulnerable patients, yet there is a contradiction there. The government says that these patients are vulnerable and lack the capacity to make decisions about their own end of life in the circumstances I have described, even after a comprehensive and rigorous assessment. However, the government expects them to navigate the legal system and take their case all the way to the Supreme Court to defend their rights. To me, that shows disregard for human dignity. To me, that shows cowardice, parliamentary cowardice. It is cowardice because Parliament has never been proactive throughout this entire debate on MAID. Now, suddenly, when it comes to mental illness and advance requests, Parliament has decided to be proactive. I will come back to that, but colleagues can surely understand why I find this somewhat surprising. All the regulatory bodies told us that they were ready. The Special Joint Committee on Medical Assistance in Dying refused to hear from the Canadian Psychiatric Association, which had established standards of practice. The government paid a committee to set standards of practice. All the practitioners told us that everyone was ready to move forward. In the end, the answer is no because there are some who oppose all forms of medical assistance in dying and who will seize on any anecdote to say that it will become a horror show, that it will be awful, that it will cause harm, and that the system is unable to deliver proper care. There are indeed mental health challenges. However, when someone has been dealing with a mental disorder for 30 years, in keeping with the definition, I do not want to hear anyone claim that the system is incapable of treating that person and that this is why we have to wait for the system to be able to treat or cure them, especially when some psychiatrists say that no cure is even possible. People are effectively being told to continue suffering within reason. If this constitutes discrimination, does the first clause save the blanket prohibition? Absolutely not. What is really happening is that people are being told to continue suffering until a treatment is found that will finally cure them. These people are being told to be patient, after a lifetime of stigma and discrimination. Only a small minority of people are likely to request MAID, and the assessment would ensure that they meet the criteria. On top of that, there was an additional safeguard in place for people with mental disorders. Prospective monitoring was advised. During the assessment, when it was time to intervene, a panel would be asked to review the process to see whether it had been properly implemented, which is not currently the case for other scenarios involving MAID. The bill has continued to move forward with regard to advance requests. This was a key recommendation of the first special joint committee. We agreed that while we should delay the decision to see whether the necessary provisions for mental disorders could eventually be implemented in practice, there were no reservations about advance requests five years ago. It took the government five years to show some courage and do what had been proposed. If it felt that advance requests were a more delicate process, given that the person is assessed when they are incapacitated, all it had to do was set up an additional safeguard, an additional requirement. It was told that since the provinces are responsible for health care, it should require them to develop a “how to” procedure so that this is done by the book, and, that way, debates will take place in each provincial legislature. This could even become an election issue. If, for example, a province decides not to go ahead at all, someone will surely go to the Supreme Court and have the ban struck down or change the government so that the legislature passes a law. Quebec has implemented a process based on a very interesting approach. First of all, a person is not told that MAID is an option before first undergoing an evaluation. An advance request is made based on a diagnosis, and once care begins following that diagnosis, the patient is given an explanation of the stages of the disease’s progression. At some point during these stages, when the person is of sound mind, they sit down with the care team and establish the criteria that correspond to their personal threshold of what is tolerable. A person might say that they would like to receive MAID when they become doubly incontinent, when they start playing with their own feces, when they resist being fed, when they are no longer able to recognize their own family or even interact with other human beings. There is no automatic threshold. In fact, at a certain point in the progression of the illness, in other words, when the patient has reached a certain level of incapacity, a third person is responsible for informing the care team that they believe the patient should be evaluated. The care team will evaluate the patient and may inform the third party that the patient in question has not yet reached that stage. The process would then continue. This process is based on the clinical judgment of physicians or other professionals. The Quebec law states that, at the time medical assistance in dying is administered, the person must be “incapable of giving consent to care due to their illness”, they must be “exhibiting, on a recurring basis, the clinical manifestations related to their illness” and they must be in a medical state “of advanced, irreversible decline in capability...that gives a competent professional cause to believe, based on the information at their disposal and according to their clinical judgment, that the patient is experiencing enduring and unbearable physical or psychological suffering that cannot be relieved under conditions considered tolerable.” There is no mention of reasonable means. My colleague, who was a social worker, told me about a lady who had what is known as “quiet dementia” or “happy dementia”. Incidentally, this is a transitional phase that leads the person towards the end of their life. It is a transitory state. It is not permanent. People with Alzheimer’s often die from a secondary condition, because they are no longer mobile, because they are bedridden or because they are confined to a wheelchair. That is why the concept of what is considered tolerable is important. However, in the government’s bill, instead of trusting provincial legislatures, it proposes a whole bunch of criteria and the aim is to set aside the criteria that the individual may have put in place, on the pretext that it would lead to MAID being granted in cases of happy dementia. Let us imagine a woman with an illness who reaches a point where she is no longer aware of her actions and is no longer in her right mind. Let us imagine that she repeatedly undresses in public and smiles while throwing herself at men. She appears happy. Who was this woman? It is very important to understand that someone who reaches that stage of the disease and that stage of cognitive decline is not the same person anymore. This woman was a nun who had spent her entire life observing the strictest standards of modesty. Does anyone think that if this woman had set out her wishes in advance, she would have put up with this situation simply because she seems relatively bothered and even seems happy? The Supreme Court has been very clear. The whole question of dementia, whether or not the person appears happy, should be discussed at the formal meeting where the patient establishes their personal criteria. A person could very well say at that meeting that if they reach that stage and wish to continue living in that condition, they should be allowed to do so. I will end here. No one would be forced to make an advance request if they have a degenerative disease such as Alzheimer’s or dementia. The Conservatives always make it seem as though it would be mandatory for everyone. It is not a requirement, but merely an option.

Élisabeth Brière, Sherbrooke

Liberal

Linked statement

“I want the House to pass this bill. People who are suffering and seniors have asked for advance requests for medical assistance in dying for years. I want to know why the Bloc Québécois opposes this step forward.”
Official Hansard

Madam Speaker, I really want to thank our colleague from Montcalm, who has championed this issue and advanced it with great rigour. He has done a lot of work. I had the great pleasure of serving on the special committee, and I really want to point out how passionate the member is about this subject. We heard it in his speech. Advance requests are already a big step forward. We hear about the need for advance requests in our communities, although our Conservative colleague was unable to tell us what she was hearing from her constituents on the matter. I can speak to this from my own experience. I worked as a notary for nearly 30 years at a time when MAID did not exist, and people would ask me to include something about it in their living will. They said that, if MAID ever became legal, then they wanted to have something in writing. Since this bill directly addresses a need that has been expressed by our loved ones, our seniors and people who are suffering, as our colleague so rightly pointed out, why is the Bloc Québécois opposed to Bill C-41 as it now stands? Does the Bloc not believe that it would be a good idea to pass this step forward and continue the debate on certain aspects of the bill?

Luc Thériault, Montcalm

Bloc Québécois
“I want this bill changed. It uses confusing words about relieving suffering instead of copying Quebec's law. Health care workers tell me these new words will cause problems and could go against what a person asked for in advance.”
Official Hansard

Mr. Speaker, the main reason is that the bill introduces the concept of “reasonable means” of alleviating suffering when a person no longer has capacity. It is version 2.0 of the phrase “reasonably foreseeable natural death”. In practice, this will create confusion in clinical settings. That is what the practitioners I have consulted are telling me. That is why I believe that, if the government truly intends to model this legislation on Quebec’s law, then it should adopt the wording used in Quebec rather than inventing new concepts, especially concepts that could create uncertainty in clinical practice. That is the main reason. That is why I talk about ordinary means. The lady I was referring to will be given some sort of medication, and she will no longer be a nuisance. Does that constitute conditions considered tolerable in the eyes of someone who made an advance request and who, under this bill, is being told that their wishes will be set aside? This goes to the very principle of advance requests. The Quebec law is subtle. It refers to clinical judgment and does not refer to “reasonable means”.

Rosemarie Falk, Battlefords—Lloydminster—Meadow Lake

Conservative
“I want to split this bill in two. Mental illness and advance requests are two different issues, and both need a full debate.”
Official Hansard

Madam Speaker, we have heard more than once this evening and throughout the day that Conservatives would like to see the bill split in two. We believe there are two separate issues. There is the mental illness component and there is the advance request component. I am wondering what my colleague thinks about this. Would he agree that there are two separate issues and that both deserve a fulsome debate, specifically the advance requests?

Luc Thériault, Montcalm

Bloc Québécois
“This bill does two different things. I want the Conservatives to agree to hold two separate votes on it.”
Official Hansard

Madam Speaker, as I already said at the start of my speech, or during a question a while ago, this bill has two components. I had hoped that we could hold separate votes, I mean, that we could divide the vote at second reading stage. Following our work in committee, we could have considered whether to request that the bill be divided and that separate votes be held. At this stage, I would like the Conservatives to consider the possibility of holding two votes at second reading stage.

Marie-Hélène Gaudreau, Laurentides—Labelle

Bloc Québécois
“My father was ill for a long time, which changed how I see this issue. Why have views on medical assistance in dying changed so much over the last five years? I want to know what the member thinks caused this change, and what he thinks about the upcoming votes.”
Official Hansard

Madam Speaker, I was in the House five years ago, but I was not involved in the entire process. My father was ill for many years. Experiencing something like that first‑hand makes someone see things differently. I am not telling this story just so I can say that this is what I went through, so here is how it should be. However, why has there been such a big shift in five years? What does my colleague think happened, and what does he make of the direction that we appear to be taking in the votes ahead?

Luc Thériault, Montcalm

Bloc Québécois
“I do not understand why the government changed its mind on mental illness. I support letting provinces handle advance requests for medically assisted dying, since health care is their job. But Quebec already has a law for this. This bill should use the exact same words as Quebec's law so doctors are not confused.”
Official Hansard

Madam Speaker, as I said, I do not understand why the government is doing a complete about-face when it comes to mental disorders. As for advance requests, it has accepted the Bloc Québécois’s position that the provinces are responsible for health care. Since we are talking about end-of-life care, it is reasonable to say that if additional safeguards are warranted, then a province may proceed as long as it has enacted legislation and meets certain conditions. However, since the only law currently in place is in Quebec, and since the minister claims that it should be modelled on Quebec’s experience, I would have preferred to see the same wording, more importantly to avoid introducing a concept that could create confusion in clinical practice. That is what I would say.

Garnett Genuis, Sherwood Park—Fort Saskatchewan

Conservative
“I oppose this bill. Last year, 692 people asked for medically assisted death and then changed their minds. This bill lets someone be helped to die based on an old form, without checking if they still want it at the time.”
Official Hansard

Madam Speaker, in the “Sixth Annual Report on Medical Assistance in Dying in Canada”, from Health Canada, detailed data was gathered on MAID requests and on the number of requests that were carried out. Strikingly, in one year, 692 people made and then withdrew a request for MAID. This is interesting. These are people who, because of where they were at and because of whatever aspects of their circumstances, made that request and then decided they did not want it. That is 692 people in one year. Very clearly, if we had a system of advance requests, a person could be killed later based on a document they signed before, without being asked about that contemporaneously at the time they are being killed. That is in this bill. The bill would not require that they be asked anything at the time their life is ended. Someone could carry that out based on what they said before. Where would that leave the 692 people in one year who, using their autonomy, made one decision but later, also using their autonomy, made a different decision to undo their previous decision?

Luc Thériault, Montcalm

Bloc Québécois
“My colleague misunderstands advance requests. People make these requests when they are still clear-minded, after learning they have a progressive disease. They know what to expect and can choose their own limits. People have the right to make their own health choices. They should be able to receive medical assistance in dying later, once they can no longer make choices for themselves. I see no moral problem with this unless someone has religious objections.”
Official Hansard

Madam Speaker, with all due respect, I think that my colleague is comparing apples and oranges. I also think that he misunderstands the very principle of an advance request. An advance request is made while a person is still of sound mind, after being diagnosed with a degenerative illness that progresses in stages. At the formal meeting where the patient’s criteria for what is tolerable are officially determined, the patient may even receive an explanation of what their will be like and what they will experience up to the end. Out of respect for the patient’s dignity and self-determination—in health matters, the law always gives precedence to the individual’s personal integrity—a person has a right to say they want to receive MAID when they become incapacitated and their tolerance threshold is met, if this is truly what they wanted and if their decision was based on an informed choice. I fail to see any moral issue there, unless a person is religious.

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

Liberal
“End-of-life care is not the same everywhere. We need to talk more about how we care for dying people in our communities, and we need to work together on palliative and hospice care.”
Official Hansard

Madam Speaker, I want to pick up on the issue of end-of-life care, because it varies, from what I have found. When I was the health critic in the province of Manitoba, there were individuals in hospitals getting panelled and almost classified as needing end-of-life care, and they went to other institutions. It really varies. I am hoping that we will see more debate on the type of care in our communities today. It is important that we have a sense of co-operation when dealing with things such as palliative care and hospice care. These are all important elements that should be taken into consideration.

Luc Thériault, Montcalm

Bloc Québécois
“A parliamentary committee already showed that we must improve end-of-life care. The provinces provide this care. The federal government must give them more money to do it instead of adding rules without the resources to follow them.”
Official Hansard

Madam Speaker, I want to remind my colleague that this was the mandate of the first special joint committee, which submitted a highly detailed report on the matter, along with a host of recommendations confirming the need to strengthen palliative care. I urge my colleague to persuade the Minister of Finance to transfer more money to the provinces, which deliver end-of-life care, so they can finally do their work properly. The federal government must co-operate. It cannot introduce exemptions or generalized restrictions without providing the resources to implement them.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“I support banning medically assisted dying for mental illness alone, but I oppose the rest of this bill. It is meant to expand assisted dying by letting people ask for it in advance. The proposed rules will not protect vulnerable people, and doctors already face too little oversight. I want the committee to remove the parts that expand assisted dying and focus only on strict national safeguards.”
Official Hansard

Madam Speaker, I am sharing my time with the member for Battlefords—Lloydminster—Meadow Lake. I rise today on behalf of the caring Canadians in the compassionate riding of Algonquin—Renfrew—Pembroke to speak to Bill C-41, the medical assistance in dying safeguards act. I want to begin by thanking the co-chairs and the elected members of the Special Joint Committee on Medical Assistance in Dying for their work in reviewing calls to expand medical assistance in dying to those who are not dying but instead suffering from mental illness. The committee is bipartisan. It recommended to permanently exclude mental illness as a sole condition for receiving medical assistance in dying, which is welcomed by my constituents and the vast majority of Canadians who have survived mental illness or who are currently living with severe mental illness. My Conservative colleagues on the special joint committee included a number of supplementary recommendations that I believe should be highlighted before the bill is brought to committee. The first recommendation was to call on the government to support the member for Cloverdale—Langley City’s private member’s bill to permanently exclude mental illness as a condition to access medical assistance in dying. Sadly, the government rejected the recommendation and voted down the bill. Instead, the government brought forward a bill expanding medical assistance in dying to allow advance requests, which had not been studied by the special joint committee. While the bill does include the permanent repeal of mental illness as an eligible condition by including it in the legislation to expand access to MAID and voting against a clean bill, the government has politicized this sensitive issue. This was a regrettable decision by the government, but I truly hope we can return to a more collegial approach when it goes to committee. While the government has given this bill the short title of it being the medical assistance in dying safeguards act, its purpose is not to create safeguards but to allow advance requests. In setting out the criteria for advance requests, the government reveals how difficult any safeguards for advance requests would be. The bill states: if, by virtue of subsection (6), medical assistance in dying on the basis of the advance request was previously not provided because there was doubt as to whether the person’s words, sounds or gestures constituted a demonstration of refusal or resistance, ensure that there are at least 30 clear days between the day on which the words, sounds or gestures were observed by a medical practitioner or nurse practitioner and the day on which the medical assistance in dying on the basis of that request is provided; What the bill is saying is that anyone who has given an advance request on the basis of having an illness where death is reasonably foreseeable can later refuse to go through with it. If there is any subjective doubt felt by the medical practitioner as to whether their patient has refused, the medical practitioner must wait 30 days before trying to administer a substance that would cause death. This alone calls into question any diagnosis that death was reasonably foreseeable. It creates that perverse incentive where a medical practitioner must decide if they doubt the patient’s attempt at refusal or they doubt their own medical judgment. No Canadian’s life should be lost to confirmation bias. Even the criteria for administering MAID following an advance request includes a subjective opinion by the medical practitioner that the person who has lost the capacity to consent is experiencing intolerable physical or psychological suffering. If a person has lost the capacity to consent, how can their psychological suffering be assessed? Not only are the limited measures in the bill an insufficient safeguard, the government is downloading the job onto the provinces. That the government would take this approach so soon after the Ontario government gutted its own MAID review panel is all the more troubling. The fact that Ontario’s MAID review panel is run by the coroner’s office only highlights the lack of safeguards. This is why Conservatives made a different recommendation, which states: The government should work with provinces and territories to establish minimum national standards for MAID oversight to ensure the effectiveness and enforceability of MAID safeguards. Those standards should include prospective review mechanisms capable of pausing or stopping a provision where serious compliance concerns arise before death, stronger review of prior records and assessments, clear referral pathways for potential Criminal Code violations, and greater independence of oversight bodies from MAID delivery systems. Given the irreversibility of MAID, genuine safeguards would ensure a case could be stopped before proceeding. Families should not be forced to go to court to protect their loved ones. Doctors should not be assessing patients for MAID in a Tim Hortons parking lot, then driving the patient to the clinic to be killed, as Dr. James MacLean did. Dr. MacLean only received a slap on the wrist from the College of Physicians and Surgeons of Ontario for his drive-through MAID. The bill provides no safeguards for the kind of doctor shopping that saw an Ontario man denied MAID in this province seek out Ellen Wiebe in B.C., who assisted in his suicide for irritable bowel syndrome. That man’s family was not as lucky as the family of an Alberta woman who also was denied MAID in her province but was approved for MAID after a zoom call with Ellen Wiebe. That family secured a court injunction, and the woman stopped seeking MAID. Those are just two examples of cases where the current safeguards failed to stop a doctor and MAID activist like Ellen Wiebe. That a court found Dr. Wiebe to be mistaken in granting a track 2 MAID approval called into question the current lack of safeguards. That no criminal charges have followed the court findings proves the safeguards are insufficient. Does anyone believe that doctors such as Ellen Wiebe or James MacLean would have any doubts if a patient who gave an advance request unclearly indicates a refusal? Conservatives recommended a full review of the effectiveness and enforceability of current MAID safeguards to prevent vulnerable Canadians from being assisted in committing suicide, but instead of listening to our recommendations, the bill would expand MAID to advance requests. Fortunately, it is not too late. We can delete the clauses expanding MAID and turn the bill into a real set of nationally enforceable safeguards. While the government was playing politics and voting down my colleague’s clean bill earlier, we can put that aside to transform this bill from one that would expand MAID to one that would provide real safeguards. Elected parliamentarians from the Liberal Party and the Conservative Party worked together on the special joint committee to find common ground in rejecting the expansion of MAID to people solely suffering from mental illness. While we may disagree on expanding MAID to include advance requests, the majority of people on both sides of this debate are motivated by compassion, yet when it comes to mental illness, or it comes to those who are suffering but whose deaths are not reasonably foreseeable, offering MAID is not compassion, but an admission of our failure to provide the compassion required to live a life of meaning and purpose. Tomorrow, the government will undoubtedly table a budget filled with more compassion for investors and corporations than for those suffering in silence, and while the government gives hundreds of millions of dollars to fake spaceports and fraudulent electric buses, Canadians linger in hospital hallways. We do not need half measures like five-year funding formulas that add marginal capacity to mental health services. We need bold moves like the Manhattan Project to fight mental illness. If we are not successful in eradicating mental illness, the effort alone could be the hope so many people need. Killing is not compassion. Fighting for everyone to enjoy a life of meaning and purpose is compassion. If we do not take this opportunity to increase the safeguards and effectively roll back track 2 for all but the most extreme cases, then all we would be doing is greasing the slippery slope. Ever since the Supreme Court overturned precedent and invented a right to death, we have witnessed exactly what so many predicted would happen. Advocates keep on pushing to expand it. First it was those without terminal illness. Then it was those with only mental illness. Now we have doctors asking for the power to decide if an infant’s life is worth living. They will not stop pushing it until they find a court to allow it. Nine unelected judges should never decide whose life has value and whose does not. It falls to Parliament to fight for life. Do not go gentle into that good night. Rage, rage against the dying of the light.

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