Speech on Medical Assistance in Dying (June 7, 2022)

Honourable senators, I have some brief remarks on Bill S-248, the Senate public bill that I tabled last Thursday.

The bill amends sections of the Criminal Code relating to medical assistance in dying to allow individuals diagnosed with an incurable illness, disorder or disability to make an advance request for medical assistance in dying.

This bill is a result of many years of careful consideration and consultation with dozens of stakeholders, organizations, experts and those, most importantly, with lived experiences.

Last year, we passed an amendment here in the Senate to the government’s bill regarding advance requests. Sadly, that amendment was rejected by the government. Still, I am proud to be trying again after another year of further consultation and study.

I wish to speak only briefly to the bill now and provide more fulsome comments when we return in the fall and have time for proper debate and study. However, I believe it is important that this bill be tabled now for two reasons. Our Special Joint Committee on MAID has been looking at advanced requests, mature minors, mental disorders as a sole underlying condition, the state of palliative care and the protection of Canadians with disabilities. We have a decade of federal reports and expert panels on these subjects, and particularly on advanced requests. They are wide-ranging and have set out recommendations in support of advance requests, but it is still unclear whether the committee will hear from further witnesses on advanced requests before the reporting deadline in October. So I am uncertain that the review will be able to examine a potential gap in the law.

It is necessary that we seek legal clarity on the issue. A few weeks ago, the Quebec government tabled advanced request legislation. It is a reasoned bill based on the recommendations of the Quebec all-party committee on the end of life. This report and subsequent bill established a framework and a timeline for advanced requests, outlined requirements for a registry and for the process of updating an advanced request and its notarization. I believe it offers an appropriate balance between safeguards and respecting the autonomy of the individual. However, if this bill is passed in Quebec, there will be a gap between the exemptions for medical assistance in dying established in the Criminal Code and the advanced request framework being created in provincial legislation. That obviously creates some concerns about criminal liability and could lead to another Supreme Court challenge. So the aim here is to anticipate and avoid any federal-provincial ambiguity and to begin to look at this. A Senate committee will reassure all of us and, I hope, the Canadian public, as our goal would be to educate, anticipate, prepare and give us all time for more fulsome consideration of the legal issues.

I believe an advanced request is a right to a dignified death. Public support is already there. The government has been a bit reluctant to take the lead, so I believe this is our opportunity to do just that. This is our responsibility, as legislators, to do the heavy lifting, to look at how to provide safeguards and to create a path forward. I look forward to working with you to fix the gap in our MAID laws.