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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 11
Tuesday, November 24, 2020, 11:02 a.m. to 1:21 p.m.
Webcast
Presiding
Iqra Khalid, Chair (Liberal)

House of Commons
• Jacques Maziade, Legislative Clerk
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Julia Nicol, Analyst
Department of Justice
• Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector
• Joanne Klineberg, Acting General Counsel
• Caroline Quesnel, Counsel, Criminal Law Policy Section
Department of Health
• Abby Hoffman, Senior Executive Advisor to the Deputy Minister
• Karen Kusch, Senior Policy Advisor, Strategic Policy Branch
• Jacquie Lemaire, Senior Policy Advisor, Strategic Policy Branch
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).

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

The Committee resumed consideration of the amendment of Rob Moore, — That Bill C-7, in Clause 1, be amended by adding after line 10 on page 6 the following:

“(b.1) on the day specified in the written arrangement referred to in subparagraph (a)(ii), the person is reminded by the medical practitioner or nurse practitioner that they entered into that arrangement and is provided with the opportunity to demonstrate refusal to have the substance administered or resistance to its administration;”

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, Randall Garrison, Chris Lewis, Rob Moore — 5;

NAYS: Élisabeth Brière, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 6.

Rob Moore moved, — That Bill C-7, in Clause 1, be amended by adding after line 30 on page 7 the following:

“(11) Section 241.2 of the Act is amended by adding the following after subsection (9):

(10) For the purposes of section 241, a person counsels another person to die by suicide if they cause them, by encouragement, persuasion or any means of coercion, to request medical assistance in dying.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Rob Moore appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7;

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

Clause 1, as amended, carried on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7;

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

Clause 2 carried on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7;

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

On Clause 3,

Pursuant to the order adopted by the committee on Thursday, October 15, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-7, in Clause 3, be amended by adding after line 5 on page 9 the following:

“(3.1) Section 241.31 of the Act is amended by adding the following after subsection (3):

(3.01) Any regulation made under paragraph (3)(a) must specify that the information to be provided by the persons referred to in subparagraph (3)(a)(i) includes information regarding the factors in the living conditions or life circumstances of a person who has requested medical assistance in dying that may be causing or increasing their suffering and any services or care that have been offered or made available to them, including palliative care, disability supports, assistive technology, income assistance, counselling services, communication supports and environmental accommodations.

(3.02) Any regulation made under paragraph (3)(b) must provide for the establishment of a data collection system designed to facilitate the analysis and interpretation of the information provided, particularly as it relates to the protection of vulnerable persons from being induced to end their lives.”

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

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

NAYS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7

Pursuant to the order adopted by the committee on Thursday, October 15, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-7, in Clause 3, be amended by adding after line 14 on page 9 the following:

“(5) Section 241.31 of the Act is amended by adding the following after subsection (5):

(6) In performing his or her functions or duties under subsection (3), the Minister of Health should consult with the minister responsible for the status of persons with disabilities.”

Debate arose thereon.

James Maloney moved, — That the amendment be amended by replacing the words “should” with the words "must, when appropriate,”.

The question was put on the subamendment of James Maloney and it was agreed to on the following recorded division:

YEAS: Élisabeth Brière, Kerry-Lynne D. Findlay, Randall Garrison, Mike Kelloway, James Maloney, Rob Moore, Ramesh Sangha, Luc Thériault, Arif Virani — 9;

NAYS: Michael Cooper, Chris Lewis — 2.

Rob Moore moved, — That the amendment be amended by deleting the words "when appropriate,".

The question was put on the subamendment of Rob Moore and it was negatived on the following recorded division:

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

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

After debate, the question was put on the amendment of Paul Manly, as amended, and it was agreed to on the following recorded division:

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

NAYS: Ramesh Sangha — 1

Clause 3, as amended, carried on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7;

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

Clause 4 was negatived on the following recorded division:

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

NAYS: Élisabeth Brière, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 6.

Luc Thériault moved, — That Bill C-7 be amended by adding after line 24 on page 9 the following new clause:

“REVIEW AND REPORT

5 (1) Within 12 months after the day on which this Act receives royal assent, a comprehensive review of the provisions of the Criminal Code relating to medical assistance in dying and their application must be undertaken by any committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for that purpose.

(2) The committee must, within one year after the review is undertaken, submit its report on the review of the provisions, including a statement of any changes that the committee recommends to those provisions, to the House or Houses of Parliament of which it is a committee.”

After debate, 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: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Arif Virani — 6.

The Preamble carried on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7;

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

The Title carried on division.

The Bill, as amended, was adopted on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani — 7;

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

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-7, as amended, be reprinted for the use of the House of Commons at report stage.

Motion

Arif Virani 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: Élisabeth Brière, Michael Cooper, Kerry-Lynne D. Findlay, Randall Garrison, Mike Kelloway, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Luc Thériault, Arif Virani — 11;

NAYS: — 0.

At 1:21 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Clerk of the Committee