432-00381 (Justice)

On February 24, 2020, the Government of Canada introduced Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), to amend the provisions related to medical assistance in dying (MAID) in response to the Superior Court of Québec’s September 2019 Truchon decision, and to address issues on which there is emerging societal consensus. On October 5, 2020, the Government re-introduced the Bill.

Our Government believes that those who are experiencing enduring and intolerable suffering from their medical condition – including those who are not approaching the end of life – should be allowed to decide for themselves when they wish to end their life, and that medical and nurse practitioners who are willing to help them have a peaceful and painless death should not be criminally culpable for doing so.

As the Truchon decision applies only in Québec, Bill C-7 proposes to amend the Criminal Code to ensure consistency of the MAID law across the country. The reasonably foreseeable natural death criterion would no longer apply as an eligibility criterion that could exclude persons from obtaining MAID, and would instead be used to determine which of two different sets of safeguards to apply to a particular MAID request.

The Bill’s first set of safeguards would continue to apply to persons whose natural death is reasonably foreseeable, where risks are reduced given the overall proximity of death and the fact that their suffering is most likely linked to the dying process itself. The removal of the requirement of a second independent witness and the repeal of the 10-day reflection period would respond to the concerns raised by patients and their families, healthcare professionals and other stakeholders that these safeguards pose an access barrier to MAID, do not provide protection to vulnerable persons, and unnecessarily prolong patient suffering.

The Bill’s second set of safeguards reflects the more serious consequences of error for persons who request MAID and whose death is not reasonably foreseeable. It recognizes the diverse sources of suffering and vulnerability that could potentially lead a person whose death is not reasonably foreseeable to request MAID. The new safeguards for this group include all of the safeguards that apply to the first group, along with a minimum 90-day assessment period, a requirement for input from a practitioner with expertise in the condition that is causing the person’s suffering, and a requirement to identify, offer and discuss alternative treatments and services with the person.

The amendments proposed in Bill C-7 were informed by consultations held at the beginning of 2020 with Canadians, the provinces and territories, Indigenous groups, stakeholders, experts, and practitioners. The Bill protects vulnerable individuals and the equality rights of all Canadians, while supporting the autonomy of eligible persons to seek MAID.

The current MAID legislation also requires a Parliamentary Review, as well as a review of the state of palliative care in Canada, which was expected to begin in the summer of 2020 but has been delayed as a result of COVID-19’s impact on parliamentary operations.