Medical Assistance in Dying
Reappointment of Special Joint Committee--Message from Commons--Motion Adopted
October 24, 2023
Moved:
That:
(a)the Special Joint Committee on Medical Assistance in Dying be re-appointed, in accordance with Recommendation 13 in the second report of the Special Joint Committee on Medical Assistance in Dying;
(b)the committee be composed of five members of the Senate, including one senator from the Opposition, two senators from the Independent Senators Group, one senator from the Canadian Senators Group, and one senator from the Progressive Senate Group, and ten members of the House of Commons, with two chairs, of whom the Senate co-chair shall be from the Opposition and the House co-chair shall be from the governing party;
(c)in addition to the co-chairs, there be one deputy chair from the Senate, from the Independent Senators Group and three vice-chairs from the House;
(d)the quorum of the committee be eight members whenever a vote, resolution or other decision is taken, so long as both houses are represented and that one member from the Senate, one member of the governing party in the House, and one member from the opposition in the House are present and that the co-chairs be authorized to hold meetings, to receive evidence and authorize the publication thereof, whenever six members are present, so long as both houses are represented and that one member of the Senate, one member of the governing party in the House and one member from the opposition in the House are present;
(e)the five senators to be members of the committee be named by means of a notice signed by their respective leader or facilitator, or their respective designates, and filed with the Clerk of the Senate no later than 5:00 p.m. on the day after this motion is adopted, failing which, the leader or facilitator, and, in the case of the Independent Senators Group, the deputy facilitator if appropriate, of any party or group identified in paragraph (b) that has not filed the name of a senator with the Clerk of the Senate, shall be deemed to be named to the committee, with the names of the senators named as members being recorded in the Journals of the Senate;
(f)for greater certainty, changes to the membership of the committee on the part of the Senate be made in accordance with rule 12-5;
(g)for greater certainty, the provisions of the order adopted by the Senate on October 17, 2023, respecting the participation of senators in hybrid meetings of joint committees until June 30, 2024, apply to senators on this committee;
(h)the committee have the power to:
(i)meet during sittings and adjournments of the Senate;
(ii)report from time to time, to send for persons, papers and records, and to publish such papers and evidence as may be ordered by the committee;
(iii)retain the services of expert, professional, technical and clerical staff, including legal counsel; and
(iv)authorize video and audio broadcasting of any or all of its public proceedings and to make them available to the public via the Parliament of Canada’s websites;
(i)the committee submit a final report of its review, including a statement of any recommended changes, to Parliament no later than January 31, 2024;
(j)following the tabling of the final report in both houses, the committee expire; and
(k)a report of the committee may be deposited with the Clerk of the Senate at any time the Senate stands adjourned, and that any report so deposited may be deposited electronically, with the report being deemed to have been presented or tabled in the Senate; and
That a message be sent to the House of Commons to acquaint that house accordingly.
Honourable senators, I support this motion. I just want to clarify something. Paragraph (b) of the motion states, and I quote:
. . . the Senate co-chair shall be from the Opposition and the House co-chair shall be from the governing party;
I’d like to remind senators that this motion is about reconstituting the committee. Under the original motion, the Senate co-chair was chosen by senators on the committee. Following a meeting that Senator Gold had the pleasure of chairing, we agreed to designate Senator Martin as co-chair of the committee. She did an excellent job, and I commend her for that. I support this motion because it refers to the fact that the Senate co-chair must be a member of the opposition, in this case Senator Martin. I also support the motion because it reconstitutes the committee in the way that we had set it up originally, not because I support the principle that a joint committee of the Senate and the House of Commons that is co-chaired by a member of the government party in the House should automatically be co-chaired by a member of the Conservative Party in the Senate. Thank you.
I thank Senator Dalphond for that clarification and for his support for this motion.
Honourable senators, I rise briefly to speak to the motion in response to the message from the other place concerning the reappointment of the Special Joint Committee on Medical Assistance in Dying.
The objective of reconstituting the committee and the need for adopting this motion in a timely fashion is to fulfill the terms of Recommendation 13 of its second report, which states:
That, five months prior to the coming into force of eligibility for MAID where a mental disorder is the sole underlying medical condition, a Special Joint Committee on Medical Assistance in Dying be re-established by the House of Commons and the Senate in order to verify the degree of preparedness attained for a safe and adequate application of MAID (in MD-SUMC situations). Following this assessment, the Special Joint Committee will make its final recommendation to the House of Commons and the Senate.
In short, the motion that I have moved in response would simply revive the joint committee under the terms that have prevailed for the duration of this Parliament, an approach that enjoys the support of the Senate’s leadership. I would also note that the message we received from the other place was adopted unanimously.
The committee requires continuity, honourable senators, and the subject matter, as we all know, is a highly sensitive one.
The issue under discussion is a narrow one, that of mental illness as the sole medical condition when requesting an assessment for medical assistance in dying. As we know, colleagues, the implementation of this specific provision was delayed for one year, until March 2024.
I mention the time frame specifically because it is imperative that the committee begin convening as soon as possible. The reporting date for the committee, as I mentioned in reading the motion, is January 31, 2024.
If the chamber, in its wisdom, adopted this motion today, the Special Joint Committee on Medical Assistance in Dying could begin meeting as expeditiously as possible. Therefore, I would urge you to support this motion so that the joint committee can begin undertaking its important and serious work. Thank you, colleagues.
Are senators ready for the question?
Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
(Motion agreed to.)