Justice Minister David Lametti is seen during a news conference Monday October 5, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Justice Minister David Lametti is seen during a news conference Monday October 5, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Assisted dying bill reintroduced in Ottawa as court deadline looms

The government has until Dec. 18 to amend the law to comply with a Quebec court ruling

The federal government reintroduced Monday legislation to amend Canada’s law on medical assistance in dying — just two months before a court-imposed deadline.

The government has until Dec. 18 to amend the law to comply with a Quebec court ruling last fall, which found it was unconstitutional to allow only those whose natural death is “reasonably foreseeable” to be able to get medical help to end their suffering.

Justice Minister David Lametti introduced a bill in response to that ruling last February but it didn’t get beyond the initial stage of the legislative process before the House of Commons adjourned in mid-March due to the COVID-19 pandemic.

That bill died when Prime Minister Justin Trudeau prorogued Parliament last month.

The government now has just two months to get the new bill, which is identical to the one introduced last winter, through both the Commons and the Senate.

Lametti expressed confidence that it can be done “expeditiously,” despite the fact that provisions in Bill C-7 have already proved controversial.

“This bill is the product very much of a consensus that Canadians are ready for and, therefore, that should be reflected across both sides of the aisle and in both houses (of Parliament),” he told a news conference.

“Canadians expect us to do this quickly. Canadians have spoken with respect to the measures that are contained in this bill and, therefore, it’s up to our parliamentary partners to work with us to get this passed by the 18th of December.”

The bill scraps reasonably foreseeable death as a requirement for an assisted death but retains the concept to set out easier eligibility rules for those who are near death and more stringent rules for those who aren’t.

For those deemed to be near death, the government is proposing to drop the requirement that a person must wait 10 days after being approved for an assisted death before receiving the procedure. It would also reduce the number of witnesses needed to one from two.

As well, it proposes to drop the requirement that a person must be able to give consent a second time immediately before receiving the procedure.

People not near death would face higher hurdles.

Such people would face a minimum 90-day period for assessments of their requests for an assisted death. One of the two medical practitioners who assesses a request would have to have expertise in the person’s particular medical condition. And the person would have to be able to give final consent immediately before the assisted death.

The bill would also explicitly prohibit assisted dying in cases where mental illness is the sole underlying medical condition.

Some legal experts and advocates for medically assisted dying feared the bill would actually make it harder than the existing law for some people to receive the procedure, or even take away their access to it entirely.

Since the Liberal government holds only a minority of seats in the House of Commons, it will need the support of at least one of the main opposition parties to pass the bill.

NDP justice critic Randall Garrison said his party agrees the bill should pass quickly because it will help Canadians who are “unnecessarily suffering.”

But he said he’s concerned that Lametti is loading up the legislative calendar with a host of justice bills “so that we always end up in a situation where everything has to be rushed.”

“Some of that is due to COVID, but not all of it,” he said in an interview.

Garrison pointed out that a mandatory five-year review of the assisted dying law — including issues of whether the procedure should be available through advance consent, or to mature minors or those suffering solely from mental illness — was supposed to start in June but nothing has been done so far.

Conservative justice critic Rob Moore said in a statement Monday that his party’s priority will be to ensure Bill C-7 “includes safeguards for the most vulnerable in our society, as well as for the conscience rights of physicians and health professionals.”

Newly minted Conservative Leader Erin O’Toole courted social conservatives during his party’s recent leadership contest by promising to protect “the conscience rights of all health-care professionals whose beliefs, religious or otherwise, prevent them from carrying out or referring patients for services that violate their conscience.”

That promise flies in the face of a unanimous Ontario Court of Appeal ruling in May 2019, which said doctors who have moral objections to providing health services like abortion or assisted death must provide patients with an “effective referral” to another doctor.

Moore said Conservatives believe the federal government should have appealed the Quebec court ruling that struck down the reasonably foreseeable death provision “so that we could get certainty on the framework within which Parliament can legislate.”

Joan Bryden, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Coronavirus

Just Posted

CVSE officer checking out all the trucks before the convoy, which started at Riverlodge Recreational Centre in Kitimat BC and finished at the George Little Park in Terrace BC. (Jacob Lubberts photo)
VIDEO: Kitimat truck drivers rally together in honour of 215 bodies discovered at Kamloops Residential School

The convoy started at Riverlodge Recreational Centre and finished at the George Little Park

Coast Mountains School District No. 82 acting superintendent of schools, Janet Meyer, talks about policies and procedures relating to the death of Diversity Morgan, a LGBTQ+ student. (Black Press file)
School District 82 to revisit policy after transgender student’s death

Diversity’ death has created a deeper resolve for CMSD 82 to continue doing the work they started

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

Outside the Kitimat RCMP police station, Diversity Morgan’s family and Kitimat RCMP come together for a pride flag-raising ceremony. (Jacob Lubberts photo)
With heavy hearts, the Kitimat RCMP hosted a pride flag ceremony to highlight the RCMP’s commitment to inclusion and diversification, as well as honouring the passing of 15-year-old transgender student, Diversity Morgan, from Kitimat.
Speeches were given by Staff Sergeant Graham Morgan, Mayor Phil Germuth, Haisla Nation Chief Councillor Crystal Smith, and Diversity’s father, Mike Wilson.
“We are gathered here for the pride flag ceremony, but in my mind, we’re gathered here in solidarity for anyone who’s ever experienced prejudice or discrimination. […] Today we celebrate what makes us all unique individuals,” Mayor Phil Germuth said in his speech at the pride flag ceremony.
Struggling to get the words out, Crystal Smith, Haisla Nation’s chief councillor, emphasized her condolences to Diversity’s family in her speech sharing her similar experiences as well as acknowledging the need for education around these subjects.
Diversity’s father, Mike Wilson, said he wished that everyone was there under different circumstances but was grateful to see the turnout and the support from the community.
In honour of Diversity, the Kitimat RCMP also lowered their Canadian flag to half-mast, to bring awareness for people who are experiencing discrimination and are in need of additional support.
The Kitimat RCMP also stated that they will be lowering their Canadian flag around this time every year as a visual representation of LGBTQ+.
Kitimat Save-On-Foods also donated water and snacks for the ceremony.
Kitimat RCMP host pride flag ceremony in memory of Diversity Morgan

“We’re gathered here in solidarity for anyone who’s ever experienced prejudice or discrimination”

(Haisla First Nation logo)
Haisla Nation host walk for strength and series of virtual sessions for Indigenous History Month

The purpose of the walk is to bring Haisla Nation members together and show their collective support

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

Bernadette Jordan addresses the media following a swearing in ceremony at Rideau Hall in Ottawa on January 14, 2019. Jordan says the government will provide $2 million to allow First Nations to continue to strengthen the marine safety system across Canada. THE CANADIAN PRESS/Adrian Wyld
First Nations receive federal funds to purchase marine rescue boats

Quatsino, Heiltsuk, and Kitasoo First Nation’s among eight across Canada to receive funding

Most Read