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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 46 (Revised)

Thursday, June 9, 2016
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerVernerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerVernerWallaceWallinWattWellsWhite

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

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Conflict of Interest and Ethics Commissioner on the performance of her duties and functions under the Conflict of Interest Act in relation to public office holders, for the fiscal year ending March 31, 2016, pursuant to the Parliament of Canada Act, R.S.C. 1985,c. P-1, sbs. 90(1)(b).—Sessional Paper No. 1/42-356.

Presenting or Tabling Reports from Committees

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the fourth report of the committee (Subject matter of Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures).—Sessional Paper No. 1/42-357S.

(Pursuant to the order adopted on May 3, 2016, the report was deemed referred to the Standing Senate Committee on National Finance and placed the Orders of the Day for consideration at the next sitting.)

o o o

The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the committee’s fifth report (Bill S-1001, An Act to authorize La Capitale Financial Security Insurance Company to apply to be continued as a body corporate under the laws of the Province of Quebec, without amendment).

The Honourable Senator Runciman moved, seconded by the Honourable Senator Marshall, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3,

(a)on page 6,

(i) by adding after line 5 the following:

(1.1) In addition to the criteria set out in subsection (1), a person who is not at the end of life may receive medical assistance in dying only with the authorization of a judge of a superior court.

(1.2) The judge must provide the authorization referred to in subsection (1.1) if the judge is satisfied that

(a) the person meets the criteria set out in subsection (1);

(b) two independent medical practitioners confirm that the person was informed of

(i) their medical condition,

(ii) the prognosis for their medical condition and, if known, their life expectancy,

(iii) the palliative care that could relieve their suffering, and

(iv) the risks associated with medical assistance in dying; and

(c) an independent psychiatrist confirms that the person has the capacity to provide informed consent to medical assistance in dying.”, and

(ii)by adding after line 39 the following:

(c.1) ensure that, if the person is not at the end of life, the person has obtained the authorization referred to in subsection (1.1);”; and

(b)on page 8,

(i)by replacing lines 9 to 12 with the following:

“viding medical assistance in dying, the medical practitioner or nurse practitioner who provides the opinion referred to in paragraph 3(e), the medical practitioners providing the confirmation referred to in paragraph (1.2)(b) and the psychiatrist providing the confirmation referred to in paragraph (1.2)(c) are independent if they

(a) are not a mentor to the other practitioner or practitioners or re-”, and

(ii)by replacing line 21 with the following:

“the other practitioner or practitioners or to the person making the re-”.

After debate,

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

SPEAKER'S RULING

Senator Runciman raises a point of order that pertains to a point of law.  My role as Speaker pertains to adjudicating on points of order relating to procedure.  In my view, Senator Carignan’s amendment is in order, and we will continue with the debate.

The Senate resumed debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

And on the motion in amendment of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Martin:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3,

(a)on page 6,

(i) by adding after line 5 the following:

(1.1) In addition to the criteria set out in subsection (1), a person who is not at the end of life may receive medical assistance in dying only with the authorization of a judge of a superior court.

(1.2) The judge must provide the authorization referred to in subsection (1.1) if the judge is satisfied that

(a) the person meets the criteria set out in subsection (1);

(b) two independent medical practitioners confirm that the person was informed of

(i) their medical condition,

(ii) the prognosis for their medical condition and, if known, their life expectancy,

(iii) the palliative care that could relieve their suffering, and

(iv) the risks associated with medical assistance in dying; and

(c) an independent psychiatrist confirms that the person has the capacity to provide informed consent to medical assistance in dying.”, and

(ii)by adding after line 39 the following:

(c.1) ensure that, if the person is not at the end of life, the person has obtained the authorization referred to in subsection (1.1);”; and

(b)on page 8,

(i)by replacing lines 9 to 12 with the following:

“viding medical assistance in dying, the medical practitioner or nurse practitioner who provides the opinion referred to in paragraph 3(e), the medical practitioners providing the confirmation referred to in paragraph (1.2)(b) and the psychiatrist providing the confirmation referred to in paragraph (1.2)(c) are independent if they

(a) are not a mentor to the other practitioner or practitioners or re-”, and

(ii)by replacing line 21 with the following:

“the other practitioner or practitioners or to the person making the re-”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBakerBattersBoisvenuCarignanCowanDagenaisEatonEggletonFraserFrumGreeneHousakosJoyalKennyLangLankinMacDonaldMaltaisMartinMcInnisMcIntyreMocklerOmidvarPlettPratteRaineSeidmanSmithTannasTardif—32

NAYS

The Honourable Senators

BeyakBlackCampbellCordyDayDowneDoyleDuffyDyckGagnéHarderJafferJohnsonLovelace NicholasManningMarshallMassicotteMcCoyMercerMerchantMeredithMitchellMooreMunsonOgilvieOhPattersonPoirierRinguetteRuncimanStewart OlsenTkachukUngerWallaceWallinWattWhite—37

ABSTENTIONS

The Honourable Senators

BellemareCoolsEnvergaSibbeston—4

The Senate resumed debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

After debate,

In amendment, the Honourable Senator Eaton moved, seconded by the Honourable Senator Unger:

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3, on page 6, by replacing line 5 with the following:

“-sistance in dying after having had a palliative care consultation and having been informed of treatment, technology or support options available to relieve their suffering.”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakCarignanDagenaisDoyleEatonEggletonEnvergaFraserFrumHousakosKennyLangLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcInnisMcIntyreMercerMocklerNgoOhPattersonPlettPratteRuncimanSmithStewart OlsenTannasTkachukUngerWhite—38

NAYS

The Honourable Senators

BakerBellemareBlackCampbellCoolsCordyDayDowneDuffyGreeneHarderJafferJohnsonJoyalLankinMcCoyMerchantMeredithMitchellMooreMunsonOgilvieOmidvarPoirierRinguetteTardifWallaceWallinWatt—29

ABSTENTIONS

The Honourable Senators

DyckGagnéRaineSeidmanSibbeston—5

The Senate resumed debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

After debate,

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

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3, on page 5,

(a) by adding after line 34 the following:

(b.1) they are at the end of life;”; and

(b)by adding after line 36 (as replaced by the decision of the Senate on June 8, 2016) the following:

(c.1) their grievous and irremediable medical condition is a terminal disease or illness;”.

After debate,

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

SPEAKER'S RULING

Rule 10-5 allows for any senator at any time to move reconsideration of any clause previously moved before the actual adoption of the bill.  So according to rule 10-5, the amendment is in order.

The Senate resumed debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

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

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3, on page 5,

(a) by adding after line 34 the following:

(b.1) they are at the end of life;”; and

(b)by adding after line 36 (as replaced by the decision of the Senate on June 8, 2016) the following:

(c.1) their grievous and irremediable medical condition is a terminal disease or illness;”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBeyakEatonEnvergaHousakosMacDonaldManningMarshallMocklerNgoOhPattersonPlettRuncimanTkachukUnger—17

NAYS

The Honourable Senators

BakerBellemareBlackCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEggletonFraserFrumGagnéGreeneHarderJafferJohnsonJoyalKennyLangLankinLovelace NicholasMassicotteMcCoyMcInnisMercerMeredithMitchellMooreMunsonOgilvieOmidvarPoirierPratteRaineRinguetteSeidmanStewart OlsenTardifWallinWattWhite—47

ABSTENTIONS

The Honourable Senators

AndreychukMaltaisMartinMcIntyreSibbestonSmith—6

The Senate resumed debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), as amended.

After debate,

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

That Bill C-14, as amended, be not now read a third time, but that it be amended in clause 3,

(a)on page 8,

(i)by replacing lines 32 and 33 with the following:

(9) No person shall compel an individual or organization to provide or assist in providing medical assistance in dying or to provide a referral for medical as-”, and

(ii)by replacing lines 35 and 36 with the following:

241.3 Everyone who knowingly fails”; and

(b)on page 9, by replacing line 2 with the following:

“graphs 241.2(3)(b) to (i) and subsection 241.2(8) and to comply with subsection 241.2(9) is guilty”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakCarignanDagenaisDoyleEatonEnvergaFrumHousakosMacDonaldMaltaisManningMarshallMartinMcIntyreMocklerNgoOhPattersonPlettPoirierRuncimanStewart OlsenTkachukUnger—27

NAYS

The Honourable Senators

BakerBellemareBlackCampbellCoolsCordyCowanDayDowneDuffyDyckEggletonFraserGagnéGreeneHarderJafferJohnsonJoyalKennyLangLankinLovelace NicholasMassicotteMcCoyMcInnisMercerMerchantMeredithMitchellMooreMunsonNancy RuthOgilvieOmidvarPratteRaineRinguetteSeidmanSmithTannasTardifWallaceWallinWattWhite—46

ABSTENTION

The Honourable Senator

Sibbeston—1

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 9:19 p.m., the Senate was continued until tomorrow at 9 a.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2016, pursuant to the Act, R.S.C. 1985,c. A-14,sbs. 8(1).—Sessional Paper No. 1/42-355.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Enverga replaced the Honourable Senator Unger (June 9, 2016).

The Honourable Senator Unger replaced the Honourable Senator Enverga (June 9, 2016).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Manning replaced the Honourable Senator Plett (June 9, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator McIntyre replaced the Honourable Senator Tkachuk (June 9, 2016).

The Honourable Senator Johnson replaced the Honourable Senator Plett (June 9, 2016).