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43rd PARLIAMENT, 2nd SESSION

Journals

No. 64

Tuesday, February 23, 2021

10:00 a.m.



Prayer
Daily Routine Of Business

Presenting Petitions

Pursuant to Standing Order 36, petitions certified by the Clerk of Petitions were presented as follows:

— by Mr. Shields (Bow River), one concerning foreign affairs (No. 432-00530) and one concerning animals (No. 432-00531);
— by Mr. Kmiec (Calgary Shepard), one concerning transportation (No. 432-00532), one concerning economics and finance (No. 432-00533) and one concerning public safety (No. 432-00534);
— by Mr. Dreeshen (Red Deer—Mountain View), one concerning taxation (No. 432-00535);
— by Mr. Kurek (Battle River—Crowfoot), two concerning parliament and politics (Nos. 432-00536 and 432-00540), one concerning taxation (No. 432-00537), one concerning justice (No. 432-00538) and two concerning natural resources and energy (Nos. 432-00539 and 432-00541);
— by Mrs. Zahid (Scarborough Centre), one concerning foreign affairs (No. 432-00542);
— by Mr. Davidson (York—Simcoe), one concerning infrastructure (No. 432-00543);
— by Mr. McLean (Calgary Centre), one concerning the environment (No. 432-00544), one concerning taxation (No. 432-00545) and one concerning natural resources and energy (No. 432-00546);
— by Ms. May (Saanich—Gulf Islands), one concerning Indigenous affairs (No. 432-00547);
— by Mr. MacKinnon (Gatineau), one concerning health (No. 432-00548);
— by Mr. Soroka (Yellowhead), two concerning natural resources and energy (Nos. 432-00549 and 432-00550);
— by Mr. Viersen (Peace River—Westlock), one concerning natural resources and energy (No. 432-00551);
— by Mr. Genuis (Sherwood Park—Fort Saskatchewan), one concerning natural resources and energy (No. 432-00552), one concerning taxation (No. 432-00553), one concerning foreign affairs (No. 432-00554) and two concerning justice (Nos. 432-00555 and 432-00556).
Government Orders

The order was read for the consideration of the amendments made by the Senate to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying).

Mr. Lametti (Minister of Justice), seconded by Ms. Ng (Minister of Small Business, Export Promotion and International Trade), moved, — That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), the House:

agrees with amendment 1(a)(ii) made by the Senate;
respectfully disagrees with amendment 1(a)(i) because this matter, including questions of most appropriate precise definitions, whether those definitions should be included in the Criminal Code or elsewhere, and whether any consequential amendments or protections relating to issues such as consent and capacity are necessary in relation to such an amendment, will also be addressed by the expert panel and the upcoming parliamentary review, and the Government will collaborate with provincial and territorial health authorities to ensure a consistent approach;
respectfully disagrees with amendment 1(a)(iii), 1(b) and 1(c) because it would permit advance requests for medical assistance in dying before an individual has a grievous and irremediable medical condition, a change which goes beyond the scope of the bill, and further, this expansion of the medical assistance in dying regime requires significant consultations and study, including a careful examination of the safeguards for persons preparing advance request and safeguards for practitioners administering medical assistance in dying, all of which could be part of the parliamentary review undertaken to study this important type of advance request to reflect the crucial input of Canadians affected by the medical assistance in dying regime;
proposes that, with respect to amendment 2:
the portion of paragraph 241.31(3)(a) before subparagraph (i) be amended by replacing it with the following:
“(a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including”;
clause 241.31(3)(a)(i)(B) be amended by adding after the words “respecting the race” the words “or indigenous identity”;
subparagraph 241.31(3)(a)(i) be amended by deleting “and” at the end of clause (A), by adding “and” at the end of clause (B) and by adding the following after clause (B):
“(C) information — other than information that must be provided in relation to the assessment of eligibility to receive medical assistance in dying and the application of safeguards — respecting any disability, as defined in section 2 of the Accessible Canada Act, of a person who requests or receives medical assistance in dying, if the person consents to providing that information,”;
paragraph 241.31(3)(b) be amended by replacing it with the following:
“(b) respecting the use, analysis and interpretation of that information, including for the purposes of determining the presence of any inequality – including systemic inequality – or disadvantage based on race, Indigenous identity, disability or other characteristics, in medical assistance in dying;”;
as a consequence of amendments 1(a)(ii) and 3, proposes that the following amendment be added:
“1. New clause 3.1, page 9: Add the following after line 20:
“Independent Review
3.1 (1) The Minister of Justice and the Minister of Health must cause an independent review to be carried out by experts respecting recommended protocols, guidance and safeguards to apply to requests made for medical assistance in dying by persons who have a mental illness.
(2) A report containing the experts’ conclusions and recommendations must be provided to the Ministers no later than the first anniversary of the day on which this Act receives royal assent.
(3) The Ministers must cause the report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the day on which they receive the report.”;”
proposes that, with respect to amendment 3:
section 5 be amended by replacing it with the following:
“Review
5 (1) A comprehensive review of the provisions of the Criminal Code relating to medical assistance in dying and their application, including but not limited to issues relating to mature minors, advance requests, mental illness, the state of palliative care in Canada and the protection of Canadians with disabilities must be undertaken by a Joint Committee of both Houses of Parliament.
(2) The Joint Committee shall be composed of five Members of the Senate and ten Members of the House of Commons, including five Members from the governing party, three Members of the Official Opposition, and two Members of the opposition who are not Members of the Official Opposition, with two Chairs of which the House Co-Chair shall be from the governing party and the Senate Co-Chair shall be determined by the Senate.
(3) The quorum of the Committee is to be eight Members whenever a vote, resolution or other decision is taken, so long as both Houses and one Member of the governing party in the House and one from the opposition in the House and one Member of the Senate are represented, and that the Joint Chairs be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six Members are present, so long as both Houses and one Member of the governing party in the House and one Member from the opposition in the House and one Member of the Senate are represented.
(4) The Committee must commence its review within 30 days after the day on which this Act receives royal assent.
(5) The Committee must submit a report of its review – including a statement of any recommended changes – to Parliament no later than one year after the day on which it commenced the review.
(6) When the report, referenced in paragraph (5), has been tabled in both Houses, the Committee shall expire.”;
section 6 be amended by replacing the words “18 months after” with the words “on the second anniversary of”.

Debate arose thereon.

Mr. Barrett (Leeds—Grenville—Thousand Islands and Rideau Lakes), seconded by Mr. Brassard (Barrie—Innisfil), moved the following amendment, — That the motion be amended by:

(a) replacing the words “agrees with amendment 1(a)(ii) made by the Senate” with the words “respectfully disagrees with amendment 1(a)(ii) made by the Senate because, in the Justice Department’s own words, it "could be seen as undermining suicide prevention initiatives and normalizing death as a solution to many forms of suffering"”;
(b) deleting all the words beginning with the words “as a consequence” and concluding with the words “receive the report.”;””; and
(c) replacing the words "section 6 be amended by replacing the words “18 months after” with the words “on the second anniversary of”" with the words “section 6 be deleted”.

Debate arose thereon.

Statements By Members

Pursuant to Standing Order 31, members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Government Orders

The House resumed consideration of the motion of Mr. Lametti (Minister of Justice), seconded by Ms. Ng (Minister of Small Business, Export Promotion and International Trade), — That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), the House:

agrees with amendment 1(a)(ii) made by the Senate;
respectfully disagrees with amendment 1(a)(i) because this matter, including questions of most appropriate precise definitions, whether those definitions should be included in the Criminal Code or elsewhere, and whether any consequential amendments or protections relating to issues such as consent and capacity are necessary in relation to such an amendment, will also be addressed by the expert panel and the upcoming parliamentary review, and the Government will collaborate with provincial and territorial health authorities to ensure a consistent approach;
respectfully disagrees with amendment 1(a)(iii), 1(b) and 1(c) because it would permit advance requests for medical assistance in dying before an individual has a grievous and irremediable medical condition, a change which goes beyond the scope of the bill, and further, this expansion of the medical assistance in dying regime requires significant consultations and study, including a careful examination of the safeguards for persons preparing advance request and safeguards for practitioners administering medical assistance in dying, all of which could be part of the parliamentary review undertaken to study this important type of advance request to reflect the crucial input of Canadians affected by the medical assistance in dying regime;
proposes that, with respect to amendment 2:
the portion of paragraph 241.31(3)(a) before subparagraph (i) be amended by replacing it with the following:
“(a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including”;
clause 241.31(3)(a)(i)(B) be amended by adding after the words “respecting the race” the words “or indigenous identity”;
subparagraph 241.31(3)(a)(i) be amended by deleting “and” at the end of clause (A), by adding “and” at the end of clause (B) and by adding the following after clause (B):
“(C) information — other than information that must be provided in relation to the assessment of eligibility to receive medical assistance in dying and the application of safeguards — respecting any disability, as defined in section 2 of the Accessible Canada Act, of a person who requests or receives medical assistance in dying, if the person consents to providing that information,”;
paragraph 241.31(3)(b) be amended by replacing it with the following:
“(b) respecting the use, analysis and interpretation of that information, including for the purposes of determining the presence of any inequality – including systemic inequality – or disadvantage based on race, Indigenous identity, disability or other characteristics, in medical assistance in dying;”;
as a consequence of amendments 1(a)(ii) and 3, proposes that the following amendment be added:
“1. New clause 3.1, page 9: Add the following after line 20:
“Independent Review
3.1 (1) The Minister of Justice and the Minister of Health must cause an independent review to be carried out by experts respecting recommended protocols, guidance and safeguards to apply to requests made for medical assistance in dying by persons who have a mental illness.
(2) A report containing the experts’ conclusions and recommendations must be provided to the Ministers no later than the first anniversary of the day on which this Act receives royal assent.
(3) The Ministers must cause the report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the day on which they receive the report.”;”
proposes that, with respect to amendment 3:
section 5 be amended by replacing it with the following:
“Review
5 (1) A comprehensive review of the provisions of the Criminal Code relating to medical assistance in dying and their application, including but not limited to issues relating to mature minors, advance requests, mental illness, the state of palliative care in Canada and the protection of Canadians with disabilities must be undertaken by a Joint Committee of both Houses of Parliament.
(2) The Joint Committee shall be composed of five Members of the Senate and ten Members of the House of Commons, including five Members from the governing party, three Members of the Official Opposition, and two Members of the opposition who are not Members of the Official Opposition, with two Chairs of which the House Co-Chair shall be from the governing party and the Senate Co-Chair shall be determined by the Senate.
(3) The quorum of the Committee is to be eight Members whenever a vote, resolution or other decision is taken, so long as both Houses and one Member of the governing party in the House and one from the opposition in the House and one Member of the Senate are represented, and that the Joint Chairs be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six Members are present, so long as both Houses and one Member of the governing party in the House and one Member from the opposition in the House and one Member of the Senate are represented.
(4) The Committee must commence its review within 30 days after the day on which this Act receives royal assent.
(5) The Committee must submit a report of its review – including a statement of any recommended changes – to Parliament no later than one year after the day on which it commenced the review.
(6) When the report, referenced in paragraph (5), has been tabled in both Houses, the Committee shall expire.”;
section 6 be amended by replacing the words “18 months after” with the words “on the second anniversary of”;

And of the amendment of Mr. Barrett (Leeds—Grenville—Thousand Islands and Rideau Lakes), seconded by Mr. Brassard (Barrie—Innisfil), — That the motion be amended by:

(a) replacing the words “agrees with amendment 1(a)(ii) made by the Senate” with the words “respectfully disagrees with amendment 1(a)(ii) made by the Senate because, in the Justice Department’s own words, it "could be seen as undermining suicide prevention initiatives and normalizing death as a solution to many forms of suffering"”;
(b) deleting all the words beginning with the words “as a consequence” and concluding with the words “receive the report.”;””; and
(c) replacing the words "section 6 be amended by replacing the words “18 months after” with the words “on the second anniversary of”" with the words “section 6 be deleted”.

The debate continued.

Private Members' Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion of Mr. Simard (Jonquière), seconded by Ms. Pauzé (Repentigny), — That Bill C-225, An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law), be now read a second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

The debate continued.

The question was put on the motion and, pursuant to order made Monday, January 25, 2021, the recorded division was deferred until Wednesday, February 24, 2021, at the expiry of the time provided for Oral Questions.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the table as follows:

— by Mr. Hussen (Minister of Families, Children and Social Development) — Report of the National Advisory Council on Poverty for the fiscal year ended March 31, 2020, pursuant to the Poverty Reduction Act, S.C. 2019, c. 29, s. 315 “12”. — Sessional Paper No. 8560-432-1269-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities)

— by Mr. Lametti (Minister of Justice and Attorney General of Canada) — Charter Statement — Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, pursuant to the Department of Justice Act, R.S.C., 1985, c. J-2, sbs. 4.2(1). — Sessional Paper No. 8560-432-1232-20. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Indigenous and Northern Affairs)

Adjournment Proceedings

At 6:16 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 6:45 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1).