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JUST Committee Report

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Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)
In accordance with its Order of Reference of Wednesday, May 4, 2016, your Committee has considered Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), and agreed on Wednesday, May 11, 2016, to report it with the following amendments:

Preamble

That Bill C-14, in the preamble, be amended by adding after line 12 on page 2 the following:

“Whereas everyone has freedom of conscience and religion under section 2 of the Canadian Charter of Rights and Freedoms;

Whereas nothing in this Act affects the guarantee of freedom of conscience and religion;”

That Bill C-14, in the preamble, be amended by adding after line 12 on page 2 the following:

“Whereas the Government of Canada recognizes that in the living conditions of Canadians, there are diverse circumstances and that different groups have unique needs, it commits to working with provinces, territories and civil society to facilitate access to palliative and end-of-life care, care and services for individuals living with Alzheimer's and dementia, appropriate mental health supports and services and culturally and spiritually appropriate end-of-life care for Indigenous patients;”

Clause 3

That Bill C-14, in Clause 3, be amended by adding after line 12 on page 4 the following:

“(5.1) For greater certainty, no social worker, psychologist, psychiatrist, therapist, medical practitioner, nurse practitioner or other health care professional commits an offence if they provide information to a person on the lawful provision of medical assistance in dying.”

That Bill C-14, in Clause 3, be amended by replacing line 21 on page 5 with the following:

“condition only if they meet all of the following criteria:”

That Bill C-14, in Clause 3, be amended by replacing lines 10 to 12 on page 6 with the following:

“the person has a grievous and irremediable medical condition;”

That Bill C-14, in Clause 3, be amended by replacing lines 27 and 28 on page 6 with the following:

“(g) ensure that there are at least 10 clear days between the day on which the request was signed by or on behalf of the person”

That Bill C-14, in Clause 3, be amended by adding after line 40 on page 6 the following:

“(i) if the person has difficulty communicating, take all necessary measures to provide a reliable means by which the person may understand the information that is provided to them and communicate their decision.”

That Bill C-14, in Clause 3, be amended by replacing line 45 on page 6 with the following:

“may do so in the person’s presence, on the person's behalf and under the person's express direction.”

That Bill C-14, in Clause 3, be amended by replacing lines 20 and 21 on page 7 with the following:

“(a) are not a mentor to the other practitioner or responsible for su-”

That Bill C-14, in Clause 3, be amended by adding after line 2 on page 8 the following:

“(9) For greater certainty, nothing in this section compels an individual to provide or assist in providing medical assistance in dying.”

Clause 4

That Bill C-14, in Clause 4, be amended by adding after line 28 on page 9 the following:

“(iv) the collection of information from coroners and medical examiners;”

That Bill C-14, in Clause 4, be amended by adding after line 35 on page 9 the following:

“(3.1) The Minister of Health, in cooperation with representatives of the provincial governments responsible for health, may establish guidelines on the information to be included on death certificates in cases where medical assistance in dying has been provided, which may include the way in which to clearly identify medical assistance in dying as the manner of death, as well as the illness, disease or disability that prompted the request for medical assistance in dying.”

Clause 7

That Bill C-14, in Clause 7, be amended by replacing, in the English version, line 17 on page 11 with the following:

“disability for which they were determined to be eligible”

Clause 9

That Bill C-14, in Clause 9, be amended by replacing, in the English version, line 15 on page 12 with the following:

“eligible to receive that assistance, in accordance with”

New Clause 9.1

That Bill C-14 be amended by adding after line 16 on page 12 the following new clause:

“Independent Review

Mature minors, advance requests and mental illness

9.‍1 The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.‍”

Clause 10

That Bill C-14, in Clause 10, be amended by replacing line 25 on page 12 with the following:

“referred is to review them and the state of palliative care in Canada and submit a report to”

Your Committee has ordered a reprint of Bill C-14, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 10 to 18) is tabled.