QUESTION PERIOD — Justice
Medical Assistance in Dying
February 10, 2021
My question is for the Leader of the Government in the Senate. By removing the reasonably foreseeable natural death criterion, adding more safeguards for people whose death isn’t reasonably foreseeable, and removing the requirement for final consent in some situations, Bill C-7 provides greater dignity and certainty for Canadians who want to put an end to their enduring and intolerable suffering caused by a grievous and irremediable medical condition.
That said, I think that, like us, the government will realize that Bill C-7 doesn’t provide a satisfactory answer to Canadians suffering from mental disorders. We realize that the government needs more time to study the matter. Canadians who are suffering cannot wait for the next legislative review. It is a question of dignity and fundamental rights. That leads me to my question.
Does the government recognize that access to medical assistance in dying is a fundamental right and that it must commit to swiftly delivering a legal framework allowing Canadians suffering from mental disorders to have the right to the same services and same state protection as other Canadians?
Thank you, senator, for your question — a question that is top of mind these days as we debate Bill C-7.
As you can see in following the debate, the exclusion of those suffering solely from a mental illness is at the heart of our deliberations. This issue was the subject of an amendment that was adopted yesterday by the majority of senators, and it was also considered during a parliamentary review of Bill C-14. Bill C-7 and the government’s position were very clear: The right to access medical assistance in dying is a fundamental right recognized by the Supreme Court in several cases, including in Carter and more recently in Truchon. We will work earnestly to find a solution to ensure that this issue can move forward. However, as yesterday’s debate showed, the subject is complex. I am pleased, if that is the right word, with the quality of the debate in the Senate, which has greatly contributed to our understanding of this difficult issue.
Thank you. As you just pointed out, leader, yesterday the Senate adopted Senator Kutcher’s amendment, which would, after 18 months, remove the provisions that prevent individuals who suffer from mental disorders from accessing MAID. The purpose of the amendment, as we know, is to protect the constitutional rights of persons with mental disorders and, in a sense, it sets a deadline for the development of a framework to protect persons with mental disorders.
Here is my question for the Government Representative, who has actually dedicated his career to defending the basic rights of Canadians as well as our Constitution: Will the Government Representative try to convince the government to accept the amendment adopted by the Senate yesterday evening to make medical assistance in dying available to people whose only underlying condition is a mental disorder?
Thank you for the question. As you will understand, my opinions and viewpoints must remain confidential, considering my role as the Government Representative. I can assure you, as I have said several times in this chamber, that the Government of Canada is open to any amendments that seek to improve the bill and are consistent with the objectives of the law. I therefore hope the government will give serious consideration to all the amendments proposed by the Senate, and that is what I expect the government to do.
