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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 9
Thursday, November 19, 2020, 10:07 a.m. to 1:29 p.m.
Webcast
Presiding
Iqra Khalid, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Julia Nicol, Analyst
The committee proceeded to the consideration of matters related to committee business.

Motion

Kerry-Lynne D. Findlay moved, — That the Chair present a report to the House of Commons on the alleged breach of privilege relating to the Chair’s decision to advance the start time for today’s meeting.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore — 4;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 7.

Department of Health
• Sharon Harper, Director General, Strategic Policy Branch
• Abby Hoffman, Senior Executive Advisor to the Deputy Minister
• Karen Kusch, Senior Policy Advisor, Strategic Policy Branch
Department of Justice
• Joanne Klineberg, Acting General Counsel
• Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector
• Caroline Quesnel, Counsel, Criminal Law Policy Section
Pursuant to the order of reference of Thursday, October 29, 2020, the committee resumed consideration of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying).

Michael Cooper moved, — That the committee accept the briefs received after Thursday, November 12, 2020.

After debate, the question was put on the motion and it was agreed to on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Randall Garrison, Mike Kelloway, Chris Lewis, James Maloney, Rob Moore, Luc Thériault, Arif Virani, Sameer Zuberi — 10;

NAYS: Ramesh Sangha — 1.

The committee resumed its clause-by-clause study of the Bill.

The Committee resumed consideration of the amendment of Luc Thériault, — That Bill C-7, in Clause 1, be amended

(a) by replacing lines 14 to 17 on page 3 with the following:

“foreseeable, because the person has received a prognosis of 12 months or less as to the specific length of time that they have remaining, taking into account all of their medical circumstances, the medical practitioner or nurse practitioner”

(b) by replacing line 3 on page 4 with the following:

“natural death is not reasonably foreseeable, because the person has received a prognosis of more than 12 months as to the specific length of time that they have remaining, taking into”

The question was put on the amendment of Luc Thériault and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore, Luc Thériault — 5;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Arif Virani, Sameer Zuberi — 6.

Rob Moore moved, — That Bill C-7, in Clause 1, be amended by deleting lines 19 to 24 on page 3.

After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore — 4;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 7.

Rob Moore moved, — That Bill C-7, in Clause 1, be amended by adding after line 24 on page 3 the following:

“(4.1) Paragraph 241.2(3)(e) of the Act is replaced by the following:

(e) ensure that a written opinion confirming that the person meets all of the criteria set out in subsection (1) has been provided by

(i) if they do not have expertise in the medical condition that is causing the person’s suffering, a medical practitioner or nurse practitioner with that expertise, or

(ii) if they have that expertise, another medical practitioner or nurse practitioner;”

After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore — 4;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 7.

Rob Moore moved, — That Bill C-7, in Clause 1, be amended by deleting lines 25 to 31 on page 3.

After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore — 4;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 7.

Rob Moore moved, — That Bill C-7, in Clause 1, be amended by replacing lines 27 to 31 on page 3 with the following:

“(g) ensure that there are at least seven clear days between the day on which the request was signed by or on behalf of the person and the day on which the medical assistance in dying is provided or — if they and the other medical practitioner or nurse practitioner referred to in paragraph (e) are both of the opinion that the person’s death, or the loss of their capacity to provide informed consent, is imminent — any shorter period that the first medical practitioner or nurse practitioner considers appropriate in the circumstances;”

After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore — 4;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 7.

Randall Garrison moved, — That Bill C-7, in Clause 1, be amended by replacing lines 24 to 32 on page 4 with the following:

“(e) ensure that another medical practitioner or nurse practitioner has provided a written opinion confirming that the person meets all of the criteria set out in subsection (1);

(e.1) if neither they nor the other medical practitioner or nurse practitioner referred to in paragraph (e) has expertise in the condition that is causing the person’s suffering, ensure that they or the medical practitioner or nurse practitioner referred to in paragraph (e) consult with a medical practitioner or nurse practitioner who has that expertise and share the results of that consultation with the other practitioner;”

Debate arose thereon.

Michael Cooper moved, — That the committee do now adjourn.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Chris Lewis, Rob Moore, Luc Thériault — 5;

NAYS: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Arif Virani, Sameer Zuberi — 6.

The committee resumed its clause-by-clause study of the Bill.

Luc Thériault moved, — That the committee do now adjourn.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Mike Kelloway, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 10;

NAYS: Randall Garrison — 1.

At 1:29 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Clerk of the Committee