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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 8
Tuesday, November 17, 2020, 11:02 a.m. to 1:10 p.m.
Televised
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.

It was agreed, — That a proposed budget in the amount of $4,125, for the study of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), be adopted.

Department of Justice
• Joanne Klineberg, Acting General Counsel
• Caroline Quesnel, Counsel, Criminal Law Policy Section
Department of Health
• Abby Hoffman, Senior Executive Advisor to the Deputy Minister
• Sharon Harper, Director General, Strategic Policy Branch
• Karen Kusch, 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 commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

On new Clause 0.1,

Randall Garrison moved, — That Bill C-7 be amended by adding before line 38 on page 2 the following new clause:

“0.1 Subsection 241(5.1) of the Criminal Code is replaced by 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, whether or not the person requests the information.”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Randall Garrison appealed the decision of the Chair.

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

YEAS: Mike Kelloway, James Maloney, Ramesh Sangha, Arif Virani, Sameer Zuberi — 5;

NAYS: Michael Cooper, Kerry-Lynne D. Findlay, Randall Garrison, Chris Lewis, Rob Moore, Luc Thériault — 6.

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

YEAS: Randall Garrison, Luc Thériault — 2;

NAYS: Michael Cooper, Kerry-Lynne D. Findlay, Mike Kelloway, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani, Sameer Zuberi — 9.

Luc Thériault moved, — That Bill C-7 be amended by adding before line 38 on page 2 the following new clause:

“01. Section 241.2 of the Criminal Code is amended by adding the following after subsection (1):

(1.1) A person who requests medical assistance in dying is, until the moment that medical assistance in dying is provided, entitled to the same palliative care that they would be entitled to had they not made the request.”

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, Kerry-Lynne D. Findlay 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: Randall Garrison, Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 7;

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

On Clause 1,

Rob Moore moved, — That Bill C-7, in Clause 1, be amended by replacing line 38 on page 2 with the following:

“1 The portion of section 241.1 of the Criminal Code before the first definition is replaced by the following:

241.1 The following definitions apply in this section and in sections 241.2 to 241.5.

1.1 (1) Subsection 241.2(2) of the Act is”

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: Mike Kelloway, James Maloney, Ramesh Sangha, Luc Thériault, Arif Virani, Sameer Zuberi — 6;

NAYS: Michael Cooper, Kerry-Lynne D. Findlay, Randall Garrison, Chris Lewis, Rob Moore — 5.

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 1, be amended by replacing lines 1 and 2 on page 3 with the following:

“paragraph (b) and by replacing paragraphs (c) and (d) with the following:

(c) they experience enduring physical or psychological suffering that

(i) is caused by that illness, disease or disability or that state of decline,

(ii) is intolerable to them and cannot be relieved under conditions that they consider acceptable, and

(iii) is not the result of deprivation, social disadvantage, lack of support or perceived discrimination.”

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

Luc Thériault moved, — 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”

Debate arose thereon.

At 1:09 p.m., the sitting was suspended.

At 1:10 p.m., the sitting resumed.

Motion

Michael Cooper 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, Randall Garrison, Chris Lewis, Rob Moore, Luc Thériault — 6;

NAYS: Mike Kelloway, James Maloney, Ramesh Sangha, Arif Virani, Sameer Zuberi — 5.

At 1:10 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Clerk of the Committee