With Senators expected to propose changes this week to Liberal government legislation concerning doctor-assisted death, Justice Minister Jody Wilson-Raybould says she’s open to amendments but warns of the “risks” that could come if Bill C-14 doesn’t pass by Monday’s deadline.
Senators approved the assisted dying bill – in principle – on Friday after a second reading, and then sent it to the Senate committee on legal and constitutional affairs.
But after the vote, the upper chamber adjourned until Tuesday – the day after the Monday, June 6 deadline imposed by the Supreme Court of Canada – making it seemingly impossible for the deadline to be met.
The bill aims to provide a framework across the country on how doctors can legally act on the controversial issue of assisted death. The Supreme Court declared the ban on doctor-assisted death unconstitutional in a ruling last year, and gave the federal government until June 6 to form a law to control the practice.
Critics of the legislation say there’s no urgency to passing it by deadline imposed by the SCC, and that provinces have interim guidelines advising doctors on how to provide a doctor-assisted death.
Further, Sen. Peter Harder, the Trudeau-appointed government representative in the Senate, has described the Monday deadline as ambitious, saying Senators received the proposal legislation late and dismissed suggestions that the Senate had not worked as quickly as they could.
Wilson-Raybould told CTV’s Question Period that as tomorrow’s deadline looms she does believe senators are providing “thoughtful reflection” on the legislation, but she warns of the uncertainty that some Canadians will face if Bill C-14 is not in place. In a joint statement earlier this week with Health Minister Jane Philpott, Wilson-Raybould warned of a looming “legal vacuum” on assisted dying if the bill didn’t become law by Monday’s deadline.
“After June 6, there will be some risks, and I think that Canadians need to be aware of those risks in terms of medical assistance in dying,” she told Question Period host Robert Fife in an interview.
“The safeguards that are articulated in Bill C-14 will not be in place, there will be uncertainty for medical practitioners and regulators in terms of providing medical assistance in dying.”
Wilson-Raybould added that some of this uncertainty could include doctors who end up seeking legal advice when it comes to deciding whether or not to provide approvals for doctor-assisted deaths, adding that this could “also limit access for patients that would qualify.”
Fife asked Wilson-Raybould about two particular issues that will likely come back from the Senate: recommendations to include in the bill advance consent to doctor-assisted death for patients with degenerative mental disorders, such as dementia and Alzheimer’s disease, and doctor-assisted death for someone without a terminal illness.
On advance consent, or advance directives, the minister responded there have been “substantive discussions in the House of Commons and at committee” around the issue. “And we've committed within the body of the legislation to move forward with a study around advanced directives, given that there is not a lot of evidence about how to operationalize that, and we need to weigh the risks and the benefits.”
As for non-terminal patients, the minister would only say that the Liberal government does recognize that some people want Bill C-14 to go farther. “And some people want it to be less broad. So what we’ve sought to do in this legislation is find the balance and the best choice for Canada right now.”
Conservative Sen. Denise Batters told CTV News Channel on Sunday that the legislation “needs to be tightened up further” to include a longer waiting period, a psychological or psychiatric assessment for patients with mental illness, and clearer provisions around people with mental illness who seek medical-assisted suicide for physical conditions.
She also echoed Wilson-Raybould’s concerns over what will happen on Monday when provinces are left to regulate assisted dying themselves.
“That is an issue that has been of concern to me because I agree with the justice minister that there are certain safeguards that are in this bill that are not in the patchwork framework that the provincial regulators are putting in to place across the country,” Batters told CTV from Ottawa.
In particular, Batters said she’s concerned that Alberta’s rules could potentially allow mature minors to access assisted dying.
Asked whether the bill could’ve moved along quicker, Batters criticized the government for failing to include a series of recommendations put forward by the Senate in a pre-study given to MPs before the bill was voted upon. “Instead, the Trudeau government decided to ignore basically all of those recommendations to date,” Batters said.
She also pointed to the “kerfuffle” surrounding the so-called “elbow-gate” scandal last month, which she said “resulted in the delay of the debate in the House of Commons.”
Batters said she hopes to see the bill pass soon, but would not say whether she believes it will pass before the House of Commons retires for summer break in late June.
“I don’t want to pre-judge the process. But I am hopeful that the recommendations we do make this time, the Trudeau government will take them seriously and work to make sure this is the best bill we can have to protect Canadians. That’s really what my main priority is,” Batters said.
Critics, including Shanaaz Gokool, CEO of Dying with Dignity Canada, say the legislation doesn’t go far enough and needs amendments in order to comply with the rights and freedoms of all Canadians.
The Senate committee is expected to meet Monday and Tuesday to discuss the bill. The Senate could see the results of the committee review as early as Tuesday.
