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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 48 (Revised)

Monday, June 13, 2016
5 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWellsWhite

The Members in attendance to business were:

The Honourable Senators

*AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosHubleyJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWellsWhite

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

The Senate observed a minute of silence in memory of those who lost their life in the tragic shooting in Orlando, Florida.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the fifth report of the committee, entitled: Tear down these walls: Dismantling Canada’s internal trade barriers.—Sessional Paper No. 1/42-360S.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nancy Ruth, 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.

Orders of the Day

Government Business

Motions

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

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, June 14, 2016, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

After debate,

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

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 Unger moved, seconded by the Honourable Senator Doyle:

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

(a) in clause 2, on page 3,

(i)by replacing line 10 with the following:

“acting on the instruction of a medical practitioner commits culpable homicide if they provide a person with”,

(ii) by adding after line 12 the following:

(1.1) No medical practitioner commits culpable homicide if they instruct a nurse practitioner to provide a person with medical assistance in dying in accordance with section 241.2.”, and

(iii)by replacing line 15 with the following:

“or nurse practitioner acting on the instruction of a medical practitioner to provide a person with medical”;

(b)in clause 3,

(i)on page 4,

(A)by replacing line 4 with the following:

(2) No medical practitioner or nurse practitioner acting on the instruction of a medical practitioner com-”,

(B)by replacing line 10 with the following:

“medical practitioner or nurse practitioner acting on the instruction of a medical practitioner to provide a”, and

(C)by replacing line 15 with the following:

“acting on the instruction of a medical practitioner commits an offence under paragraph (1)(b) if the phar-”,

(ii)on page 6,

(A)by replacing lines 22 to 24 with the following:

(3) Before a medical practitioner provides or instructs a nurse practitioner to provide a person with medical assistance in dying, the medical practitioner must”, and

(B)by replacing line 33 with the following:

“by a medical practitioner that”,

(iii)on page 7,

(A)by replacing lines 4 and 5 with the following:

(e) ensure that another medical practitioner has provided a written opinion confirm-”,

(B)by replacing lines 8 to 10 with the following:

(f) be satisfied that they, the other medical practitioner referred to in paragraph (e) and, if any, the nurse practitioner, are independent;”,

(C)by replacing line 15 with the following:

“other medical practitioner re-”, and

(D)by replacing lines 19 to 22 with the following:

“riod that the first medical practitioner considers appropriate in the circumstances;

(h) immediately before medical assistance in dying is provided, give the person an opportunity to with-”,

(iv)on page 8,

(A)by replacing lines 8 to 12 with the following:

(6) The medical practitioner providing or instructing a nurse practitioner to provide a person with medical assistance in dying, the medical practitioner who provides the opinion referred to in paragraph (3)(e) and, if any, the nurse practitioner providing medical assistance in dying are independent if they

(a) are not in a business relationship with the other practitioner or practitioners, a mentor to the other practitioner or practitioners, or re-”,

(B)by replacing line 21 with the following:

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

(C)by replacing line 27 with the following:

(8) The medical practitioner or nurse practitioner acting on the instruction of a medical practitioner who,”, and

(D)by replacing line 35 with the following:

241.3 A medical practitioner who,”, and

(v)on page 9,

(A)by replacing line 2 with the following:

“graphs 241.2(3)(b) to (h) is guilty”, and

(B)by adding the following after line 7:

241.301 A medical practitioner or nurse practitioner acting on the instruction of a medical practitioner who, in providing medical assistance in dying, knowingly fails to comply with the requirement set out in subsection 241.2(8) is guilty of an offence and is liable

(a) on conviction on indictment, to a term of imprisonment of not more than five years; or

(b) on summary conviction, to a term of imprisonment of not more than 18 months.”;

(c)in clause 4, on page 9, by replacing lines 31 to 33 with the following:

“made under subsection (3), a medical practitioner who receives a written request for medical assistance in dying or a nurse practitioner who is instructed by a medical practitioner to provide medical assistance in dying must, in accordance with”; and

(d)in clause 6, on page 11,

(i)by replacing line 28 with the following:

(a)a medical practitioner or nurse practitioner acting on the instruction of a medical practitioner who”, and

(ii)by replacing line 32 with the following:

“ing a medical practitioner or nurse practitioner acting on the instruction of a medical practitioner to pro-”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBeyakCarignanDagenaisDoyleEatonEnvergaFrumHousakosLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRaineRuncimanSeidmanSmithStewart OlsenTannasTkachukUngerWallaceWellsWhite—35

NAYS

The Honourable Senators

BellemareBoisvenuCampbellCoolsCordyCowanDayDowneDuffyDyckEggletonFraserGagnéGreeneHarderHubleyJafferJoyalKennyLankinLovelace NicholasMassicotteMcCoyMercerMeredithMitchellMooreMunsonNancy RuthOmidvarPratteRinguetteRivardSinclairTardifWallin—36

ABSTENTIONS

The Honourable Senators

Nil

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be placed on the Orders of the Day for a second reading two days hence.

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 Cowan moved, seconded by the Honourable Senator Fraser:

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

(a)clause 3,

(i)on page 5,

(A)by adding after line 6 the following:

advance request means a request for medical assistance in dying, within the meaning of paragraph (a) of the definition medical assistance in dying, made by a capable person who is at least 18 years of age that          

(a) specifies the conditions — including the existence or development of particular symptoms, mental or physical incapacities or other circumstances — that the person believes would, for them, constitute intolerable suffering and the types of treatments that are not acceptable to them; and

(b) provides their consent to receive medical assistance in dying in the event that, at some time in the future, the specified conditions are met and the person has lost the capacity to make or the ability to communicate decisions with respect to their health. (demande anticipée)”, and

(B)by replacing line 33 with the following:

(b) they are at least 18 years of age and are — or, in the case of a person who is to receive medical assistance in dying pursuant to an advance request, were at the time they made the request — capable of”,

(ii)on page 6,

(A)by replacing line 4 and line 5 (as replaced by the decision of the Senate on June 9, 2016) with the following:

(e) they have given informed consent to receive medical assistance in dying and, except in the case of a person who is to receive medical assistance in dying pursuant to an advance request, they have done so after having had a palliative care consultation and having been informed of treatment, technology or support options available to relieve their suffering.

(1.1) A person may receive medical assistance in dying pursuant to an advance request only if, in addition to their meeting the criteria set out in subsection (1), the following criteria are met:

(a) they have lost the capacity to make or the ability to communicate decisions with respect to their health; and

(b) the conditions specified in the advance request have been met.”, and

(B)by replacing lines 32 to 34 and line 35 (as replaced by the decision of the Senate on June 8, 2016) with the following:

(ii) signed and dated

(A) in the case of an advance request, after the person was informed by a medical practitioner or nurse practitioner that the person has a grievous medical condition that is reasonably likely to cause enduring suffering or loss of the capacity to make, or the ability to communicate, decisions with respect to their health, or

(B) in any other case, after

(I) the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition, and

(II) the condition has begun to cause enduring suffering that is intolerable to the person;”,

(iii)on page 7,

(A)by replacing line 17 with the following:

“the person’s death, or, if the assistance is not being provided pursuant to an advance request, the loss of their capacity to pro-”, and

(B)by adding after line 30 the following:

(3.1) Paragraph (3)(h) does not apply if

(a) the medical assistance in dying is provided to the person pursuant to an advance request; or

(b) the person,

(i)in the opinion of the medical practitioner or nurse practitioner, meets all of the criteria set out in subsection (1), as confirmed in the written opinion provided by the other medical practitioner or nurse practitioner referred to in paragraph (3)(e), but, after having met the criteria, loses the capacity to give the express consent referred to in paragraph (3)(h), and

(ii)before having lost that capacity, gave consent for the medical assistance in dying to be provided after that loss.

(3.2) Before a medical practitioner or nurse practitioner provides a person with medical assistance in dying pursuant to an advance request, the medical practitioner or nurse practitioner must, in addition to complying with subsection (3),

(a) be of the opinion that the criterion set out in paragraph (1.1)(a) is met and that it is not reasonably foreseeable that the person will regain the capacity to make, or the ability to communicate, decisions respecting their health;

(b)be of the opinion that the criterion set out in paragraph (1.1)(b) is met; and

(c) ensure that the other medical practitioner or nurse practitioner referred to in paragraph (3)(e) has provided a written opinion confirming that

(i) the criterion set out in paragraph (1.1)(a) is met and that it is not reasonably foreseeable that the person will regain the capacity to make, or the ability to communicate, decisions respecting their health, and

(ii) the criterion set out in paragraph (1.1)(b) is met.

(3.3) A person who is to receive medical assistance in dying pursuant to an advance request is considered to be in a state of suffering that is intolerable to them in the circumstances of their condition if the requirements set out in paragraph (3.2)(b) and subparagraph (3.2)(c)(ii) are met.”, and

(iv)on page 9, by adding after line 7 the following:

241.301 A medical practitioner or nurse practitioner who, in providing medical assistance in dying pursuant to an advance request, knowingly fails to comply with the requirement set out in paragraph 241.2(3.2)(c) is guilty of an offence and is liable

(a) on conviction on indictment, to a term of imprisonment of not more than five years; or

(b) on summary conviction, to a term of imprisonment of not more than 18 months.”;

(b)in clause 7, on page 12, by replacing line 22 with the following:

“241.2(3)(a) of the Criminal Code and, if applicable, paragraphs 241.2(3.2)(a) and (b) of that Act.”;

(c)in clause 9, on page 13, by replacing line 20 with the following:

“paragraph 241.2(3)(a) of the Criminal Code and, if applicable, paragraphs 241.2(3.2)(a) and (b) of that Act.”; and

(d)in clause 9.1, on page 13, by replacing line 26 with the following:

sistance in dying and to re-”.

After debate,

In amendment, the Honourable Senator Wallin moved, seconded by the Honourable Senator Wallace:

That the motion in amendment moved by the Honourable Senator Cowan be amended by replacing clause (a)(ii)(B) with the following:

“(B)by replacing lines 32 to 34 and line 35 (as replaced by the decision of the Senate on June 8, 2016) with the following:

(ii) except in the case of an advance request, signed and dated after

(A) the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition, and

(B) the condition has begun to cause enduring suffering that is intolerable to the person;”,”.

After debate,

The question being put on the subamendment, it was negatived, on division.

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.

And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:

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

(a)clause 3,

(i)on page 5,

(A)by adding after line 6 the following:

advance request means a request for medical assistance in dying, within the meaning of paragraph (a) of the definition medical assistance in dying, made by a capable person who is at least 18 years of age that          

(a) specifies the conditions — including the existence or development of particular symptoms, mental or physical incapacities or other circumstances — that the person believes would, for them, constitute intolerable suffering and the types of treatments that are not acceptable to them; and

(b) provides their consent to receive medical assistance in dying in the event that, at some time in the future, the specified conditions are met and the person has lost the capacity to make or the ability to communicate decisions with respect to their health. (demande anticipée)”, and

(B)by replacing line 33 with the following:

(b) they are at least 18 years of age and are — or, in the case of a person who is to receive medical assistance in dying pursuant to an advance request, were at the time they made the request — capable of”,

(ii)on page 6,

(A)by replacing line 4 and line 5 (as replaced by the decision of the Senate on June 9, 2016) with the following:

(e) they have given informed consent to receive medical assistance in dying and, except in the case of a person who is to receive medical assistance in dying pursuant to an advance request, they have done so after having had a palliative care consultation and having been informed of treatment, technology or support options available to relieve their suffering.

(1.1) A person may receive medical assistance in dying pursuant to an advance request only if, in addition to their meeting the criteria set out in subsection (1), the following criteria are met:

(a) they have lost the capacity to make or the ability to communicate decisions with respect to their health; and

(b) the conditions specified in the advance request have been met.”, and

(B)by replacing lines 32 to 34 and line 35 (as replaced by the decision of the Senate on June 8, 2016) with the following:

(ii) signed and dated

(A) in the case of an advance request, after the person was informed by a medical practitioner or nurse practitioner that the person has a grievous medical condition that is reasonably likely to cause enduring suffering or loss of the capacity to make, or the ability to communicate, decisions with respect to their health, or

(B) in any other case, after

(I) the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition, and

(II) the condition has begun to cause enduring suffering that is intolerable to the person;”,

(iii)on page 7,

(A)by replacing line 17 with the following:

“the person’s death, or, if the assistance is not being provided pursuant to an advance request, the loss of their capacity to pro-”, and

(B)by adding after line 30 the following:

(3.1) Paragraph (3)(h) does not apply if

(a) the medical assistance in dying is provided to the person pursuant to an advance request; or

(b) the person,

(i)in the opinion of the medical practitioner or nurse practitioner, meets all of the criteria set out in subsection (1), as confirmed in the written opinion provided by the other medical practitioner or nurse practitioner referred to in paragraph (3)(e), but, after having met the criteria, loses the capacity to give the express consent referred to in paragraph (3)(h), and

(ii)before having lost that capacity, gave consent for the medical assistance in dying to be provided after that loss.

(3.2) Before a medical practitioner or nurse practitioner provides a person with medical assistance in dying pursuant to an advance request, the medical practitioner or nurse practitioner must, in addition to complying with subsection (3),

(a) be of the opinion that the criterion set out in paragraph (1.1)(a) is met and that it is not reasonably foreseeable that the person will regain the capacity to make, or the ability to communicate, decisions respecting their health;

(b)be of the opinion that the criterion set out in paragraph (1.1)(b) is met; and

(c) ensure that the other medical practitioner or nurse practitioner referred to in paragraph (3)(e) has provided a written opinion confirming that

(i) the criterion set out in paragraph (1.1)(a) is met and that it is not reasonably foreseeable that the person will regain the capacity to make, or the ability to communicate, decisions respecting their health, and

(ii) the criterion set out in paragraph (1.1)(b) is met.

(3.3) A person who is to receive medical assistance in dying pursuant to an advance request is considered to be in a state of suffering that is intolerable to them in the circumstances of their condition if the requirements set out in paragraph (3.2)(b) and subparagraph (3.2)(c)(ii) are met.”, and

(iv)on page 9, by adding after line 7 the following:

241.301 A medical practitioner or nurse practitioner who, in providing medical assistance in dying pursuant to an advance request, knowingly fails to comply with the requirement set out in paragraph 241.2(3.2)(c) is guilty of an offence and is liable

(a) on conviction on indictment, to a term of imprisonment of not more than five years; or

(b) on summary conviction, to a term of imprisonment of not more than 18 months.”;

(b)in clause 7, on page 12, by replacing line 22 with the following:

“241.2(3)(a) of the Criminal Code and, if applicable, paragraphs 241.2(3.2)(a) and (b) of that Act.”;

(c)in clause 9, on page 13, by replacing line 20 with the following:

“paragraph 241.2(3)(a) of the Criminal Code and, if applicable, paragraphs 241.2(3.2)(a) and (b) of that Act.”; and

(d)in clause 9.1, on page 13, by replacing line 26 with the following:

sistance in dying and to re-”.

After debate,

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

That the motion in amendment moved by the Honourable Senator Cowan be amended by adding after subparagraph (a)(iii) the following:

“(iii.1) on page 8, by adding after line 34 the following:

(10) Despite anything in this section, no person may receive and no medical practitioner or nurse practitioner may provide medical assistance in dying pursuant to an advance request before the day that is two years after the day on which this section comes into force.”, and”.

After debate,

The question being put on the subamendment, it was negatived on the following vote:

YEAS

The Honourable Senators

CampbellCowanDayDowneDyckEggletonFraserHubleyJafferJoyalKennyLankinLovelace NicholasMercerMooreMunsonOhRinguetteTardif—19

NAYS

The Honourable Senators

AtaullahjanBattersBellemareBeyakBoisvenuCarignanCoolsCordyDagenaisDoyleDuffyEatonEnvergaFrumGagnéGreeneHarderHousakosLangMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMitchellMocklerNancy RuthNgoOgilvieOmidvarPattersonPlettPoirierPratteRaineRivardRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukUngerWallaceWellsWhite—51

ABSTENTIONS

The Honourable Senators

MeredithWallin—2

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 Cowan, seconded by the Honourable Senator Fraser:

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

(a)clause 3,

(i)on page 5,

(A)by adding after line 6 the following:

advance request means a request for medical assistance in dying, within the meaning of paragraph (a) of the definition medical assistance in dying, made by a capable person who is at least 18 years of age that          

(a) specifies the conditions — including the existence or development of particular symptoms, mental or physical incapacities or other circumstances — that the person believes would, for them, constitute intolerable suffering and the types of treatments that are not acceptable to them; and

(b) provides their consent to receive medical assistance in dying in the event that, at some time in the future, the specified conditions are met and the person has lost the capacity to make or the ability to communicate decisions with respect to their health. (demande anticipée)”, and

(B)by replacing line 33 with the following:

(b) they are at least 18 years of age and are — or, in the case of a person who is to receive medical assistance in dying pursuant to an advance request, were at the time they made the request — capable of”,

(ii)on page 6,

(A)by replacing line 4 and line 5 (as replaced by the decision of the Senate on June 9, 2016) with the following:

(e) they have given informed consent to receive medical assistance in dying and, except in the case of a person who is to receive medical assistance in dying pursuant to an advance request, they have done so after having had a palliative care consultation and having been informed of treatment, technology or support options available to relieve their suffering.

(1.1) A person may receive medical assistance in dying pursuant to an advance request only if, in addition to their meeting the criteria set out in subsection (1), the following criteria are met:

(a) they have lost the capacity to make or the ability to communicate decisions with respect to their health; and

(b) the conditions specified in the advance request have been met.”, and

(B)by replacing lines 32 to 34 and line 35 (as replaced by the decision of the Senate on June 8, 2016) with the following:

(ii) signed and dated

(A) in the case of an advance request, after the person was informed by a medical practitioner or nurse practitioner that the person has a grievous medical condition that is reasonably likely to cause enduring suffering or loss of the capacity to make, or the ability to communicate, decisions with respect to their health, or

(B) in any other case, after

(I) the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition, and

(II) the condition has begun to cause enduring suffering that is intolerable to the person;”,

(iii)on page 7,

(A)by replacing line 17 with the following:

“the person’s death, or, if the assistance is not being provided pursuant to an advance request, the loss of their capacity to pro-”, and

(B)by adding after line 30 the following:

(3.1) Paragraph (3)(h) does not apply if

(a) the medical assistance in dying is provided to the person pursuant to an advance request; or

(b) the person,

(i)in the opinion of the medical practitioner or nurse practitioner, meets all of the criteria set out in subsection (1), as confirmed in the written opinion provided by the other medical practitioner or nurse practitioner referred to in paragraph (3)(e), but, after having met the criteria, loses the capacity to give the express consent referred to in paragraph (3)(h), and

(ii)before having lost that capacity, gave consent for the medical assistance in dying to be provided after that loss.

(3.2) Before a medical practitioner or nurse practitioner provides a person with medical assistance in dying pursuant to an advance request, the medical practitioner or nurse practitioner must, in addition to complying with subsection (3),

(a) be of the opinion that the criterion set out in paragraph (1.1)(a) is met and that it is not reasonably foreseeable that the person will regain the capacity to make, or the ability to communicate, decisions respecting their health;

(b)be of the opinion that the criterion set out in paragraph (1.1)(b) is met; and

(c) ensure that the other medical practitioner or nurse practitioner referred to in paragraph (3)(e) has provided a written opinion confirming that

(i) the criterion set out in paragraph (1.1)(a) is met and that it is not reasonably foreseeable that the person will regain the capacity to make, or the ability to communicate, decisions respecting their health, and

(ii) the criterion set out in paragraph (1.1)(b) is met.

(3.3) A person who is to receive medical assistance in dying pursuant to an advance request is considered to be in a state of suffering that is intolerable to them in the circumstances of their condition if the requirements set out in paragraph (3.2)(b) and subparagraph (3.2)(c)(ii) are met.”, and

(iv)on page 9, by adding after line 7 the following:

241.301 A medical practitioner or nurse practitioner who, in providing medical assistance in dying pursuant to an advance request, knowingly fails to comply with the requirement set out in paragraph 241.2(3.2)(c) is guilty of an offence and is liable

(a) on conviction on indictment, to a term of imprisonment of not more than five years; or

(b) on summary conviction, to a term of imprisonment of not more than 18 months.”;

(b)in clause 7, on page 12, by replacing line 22 with the following:

“241.2(3)(a) of the Criminal Code and, if applicable, paragraphs 241.2(3.2)(a) and (b) of that Act.”;

(c)in clause 9, on page 13, by replacing line 20 with the following:

“paragraph 241.2(3)(a) of the Criminal Code and, if applicable, paragraphs 241.2(3.2)(a) and (b) of that Act.”; and

(d)in clause 9.1, on page 13, by replacing line 26 with the following:

sistance in dying and to re-”.

After debate,

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

YEAS

The Honourable Senators

BoisvenuCowanDayDowneDyckEggletonFraserHubleyJafferJoyalKennyLangLankinLovelace NicholasMassicotteNancy RuthNgoOgilvieStewart OlsenTardifWallinWellsWhite—23

NAYS

The Honourable Senators

AtaullahjanBattersBellemareBeyakCampbellCarignanCoolsCordyDagenaisDoyleDuffyEatonEnvergaFrumGagnéGreeneHarderHousakosMacDonaldMaltaisManningMarshallMartinMcCoyMcInnisMcIntyreMercerMeredithMitchellMocklerMooreOhOmidvarPattersonPlettPoirierPratteRaineRivardRuncimanSeidmanSinclairSmithTannasTkachukUngerWallace—47

ABSTENTIONS

The Honourable Senators

MunsonRinguette—2

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 10:34 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Summaries of the Corporate Plan for 2016-2017 to 2020-2021 and of the Operating and Capital Budgets for 2016-2017 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11,sbs. 125(4).—Sessional Paper No. 1/42-358.

Report on the administration and enforcement of the Energy Efficiency Act for the period from April 1, 2013 to March 31, 2015, pursuant to the Act, S.C. 1992,c. 36,s. 36.—Sessional Paper No. 1/42-359.