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70 Elizabeth II , A.D. 2021, Canada

2nd Session, 43rd Parliament

Issue 27 (Unrevised)

Thursday, February 11, 2021
2 p.m.

The Honourable PIERRETTE RINGUETTE, Speaker pro tempore


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Marwah presented the following:

Thursday, February 11, 2021

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

THIRD REPORT

Your committee, which was authorized by the Rules of the Senate to consider financial and administrative matters, recommends that the following funds be released for fiscal year 2020-21.

Legal and Constitutional Affairs (Legislation)

General Expenses $ 6,000
TOTAL $ 6,000

Respectfully submitted,

SABI MARWAH

Chair

The Honourable Senator Marwah moved, seconded by the Honourable Senator Oh, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator Boehm:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.today’s sitting continue until the earlier of midnight or the end of Government Business, as if that were the ordinary time of adjournment; and

2.when the Senate adjourns today it do stand adjourned until Tuesday, February 16, 2021, at 2 p.m.

The question being put on the motion, it was adopted.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Galvez, for the second reading of Bill C-3, An Act to amend the Judges Act and the Criminal Code.

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Galvez, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

The question being put on the motion, it was adopted.

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Jaffer moved, seconded by the Honourable Senator Pate:

That Bill C-7, as amended, be not now read a third time, but that it be further amended in clause 3, on page 8, by replacing lines 28 to 38 with the following:

(2) The portion of paragraph 241.31(3)(a) before subparagraph (ii) of the Act is replaced by the following:

(a) respecting the provision and collection of information relating to requests for and the provision of medical assistance in dying, including

(i) the information to be provided, at various stages, by medical practitioners, nurse practitioners, persons referred to in subsection (1.1) who have the responsibility to carry out preliminary assessments, pharmacists and pharmacy technicians, or by a class of any of them, including

(A) the elements considered in the course of the assessments — preliminary or otherwise — of whether a person meets the criteria set out in subsection 241.2(1), and

(B) information respecting the race of a person who requests or receives medical assistance in dying, if the person consents to providing this information,

(2.1) Paragraph 241.31(3)(b) of the Act is replaced by the following:

(b) respecting the use, analysis and interpretation of that information, including for the purposes of identifying race-based inequities and how race intersects with other forms of systemic inequality in medical assistance in dying;

(b.1) respecting the protection, publication, and disclosure of that information;”.

After debate,

The question being put on the motion in amendment, it was adopted, on division.

The Senate resumed debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator McPhedran moved, seconded by the Honourable Senator Pate:

That Bill C-7, as amended, be not now read a third time, but that it be further amended,

(a) in the preamble, on page 1, by deleting lines 1 to 9;

(b) in clause 1,

(i) on page 2, by deleting lines 39 and 40,

(ii) on page 3, by deleting lines 1 and 2 of the English version,

(iii) on page 4, by deleting lines 1 to 45,

(iv) on page 5, by deleting lines 1 to 29,

(v) on page 7,

(A) by replacing lines 18 and 19 with the following:

“provided an opinion under paragraph (3)(e) in respect of the person.”,

(B) by replacing line 26 with the following:

“referred to in paragraph (3)(e) are indepen-”;

(c) in clause 2, on page 7, by replacing lines 36 and 37 with the following:

“requirements set out in paragraphs 241.2(3)(b) to (h) and”.


A point of order was raised with respect to the admissibility of the amendment.

After debate,

The Speaker pro tempore reserved her decision.

Bills – Third Reading

Pursuant to the order adopted by the Senate on February 8, 2021, the Senate resumed debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Plett moved, seconded by the Honourable Senator Batters:

That Bill C-7, as amended, be not now read a third time, but that it be further amended on page 7 by adding the following after line 30:

1.1 The Act is amended by adding the following after section 241.2:

241.21 (1) Every person who compels another person to provide or facilitate the provision of medical assistance in dying is guilty of an offence punishable on summary conviction.

(2) For the purposes of subsection (1), a person who provides information on medical assistance in dying to a person who requests it does not facilitate the provision of medical assistance in dying.”.

Debate.


Pursuant to rule 3-3(1) and the order adopted by the Senate on February 8, 2021, the Speaker pro tempore left the Chair to resume the same at 7 p.m.

The sitting resumed.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

And on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Batters:

That Bill C-7, as amended, be not now read a third time, but that it be further amended on page 7 by adding the following after line 30:

1.1 The Act is amended by adding the following after section 241.2:

241.21 (1) Every person who compels another person to provide or facilitate the provision of medical assistance in dying is guilty of an offence punishable on summary conviction.

(2) For the purposes of subsection (1), a person who provides information on medical assistance in dying to a person who requests it does not facilitate the provision of medical assistance in dying.”.

After debate,

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuDuffyHousakosMacDonaldMartinMcCallumNgoPlettPoirierWells—12

NAYS

The Honourable Senators

AndersonBellemareBernardBlack (Alberta)BoehmBonifaceBoveyBoyerBrazeauBussonChristmasCordyCormierCotterCoyleDagenaisDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestForest-NiesingFrancisGagnéGoldGreeneHarderHartlingJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaMarwahMassicotteMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonOmidvarPatePattersonPetitclercRavaliaSaint-GermainSeidmanSimonsSmithStewart OlsenVernerWallinWetstonWhiteWoo—63

ABSTENTIONS

The Honourable Senators

GriffinManningRichards—3

The Senate resumed debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Tannas moved, seconded by the Honourable Senator Boniface:

That Bill C-7, as amended, be not now read a third time, but that it be further amended on page 9 by adding the following after line 30:

Review

5 (1) A comprehensive review of the provisions of the Criminal Code relating to medical assistance in dying and their application must be undertaken by a committee of both Houses of Parliament established for that purpose and consisting of

(a) 5 members who are members of the Senate; and

(b) 11 members who are members of the House of Commons.

(2) The committee is to be co-chaired by two of its members, one who is a member of the Senate and one who is a member of the House of Commons.

(3) The committee is to be established

(a) within 30 days after the day on which this Act receives royal assent; and

(b) by the end of the thirtieth sitting day of each new session of Parliament if the committee has not submitted its report in accordance with subsection (4).

(4) The committee must submit a report of its review — including a statement of any recommended changes — to both Houses of Parliament no later than

(a) September 15, 2021, if no prorogation or dissolution of Parliament occurs between the day on which this Act receives royal assent and that date, or

(b) 180 days after the day on which the committee is established, in any other case.”.

After debate,

The question being put on the motion in amendment, it was adopted, on division.

The Senate resumed debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Tannas, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Reports of Committees – Other

Order No. 3 was called and postponed until the next sitting.

Motions

Order No. 1 was called and postponed until the next sitting.

ADJOURNMENT

At 9:06 p.m., pursuant to the order adopted by the Senate earlier today, the Senate adjourned until Tuesday, February 16, 2021, at 2 p.m.