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View Michael Cooper Profile
CPC (AB)
View Michael Cooper Profile
2020-10-09 10:35 [p.792]
Madam Speaker, I am pleased to rise to speak on Bill C-7, an act to amend the Criminal Code respecting medical assistance in dying.
At the outset, I will say that the subject of medical assistance in dying is perhaps one of the most complex issues that could come before Parliament. Profound moral, legal and ethical questions are raised. Medical assistance in dying raises questions of individual autonomy, the need to respect the sanctity of life and the need to protect vulnerable persons, among other considerations.
It is no wonder that Canadians have such profound, deeply held and diverse views on this subject matter. After all, when we are talking about physician-assisted dying, we are talking about issues that literally concern life and death. When we, as parliamentarians, give consideration to an appropriate framework that provides safeguards, we must do so with regard to the fact that we are talking about a procedure that, when carried out, is irreversible. The patient dies. It is indeed a weighty subject of profound importance.
I am certainly informed of the complexity of the issue through my experience of having, in the last Parliament, served as the vice-chair of the Special Joint Committee on Physician-Assisted Dying. This committee was tasked with reviewing the Carter decision of the Supreme Court, which struck down the blanket Criminal Code prohibition and tasked Parliament and the committee with putting forward recommendations for a legislative response. I then sat on the justice committee, which studied Bill C-14, the government's legislative response. In that regard, I am in the unique position of having been through the process from start to finish, from the study of the Carter decision of the special joint committee through to the passage of Bill C-14 in June 2016.
The bill before us purportedly responds to the Truchon decision of the Superior Court of Quebec, which struck down an important component of Bill C-14, namely, that in order to qualify for medical assistance in dying, one's death must be reasonably foreseeable. When the Truchon decision was issued in September 2019, we on this side of the House in the official opposition called on the Attorney General to do the right thing and appeal the decision. We did this for a number of reasons.
To begin with, it is the responsibility of the Attorney General to uphold laws passed by Parliament. The law passed by Parliament was Bill C-14. I would note that the law had been passed a mere three years prior to the issuance of the Truchon decision. It was passed after a comprehensive review of the Carter decision and a comprehensive review of possibilities for a legislative framework. Therefore, in the end, Bill C-14 was a carefully thought-out and debated piece of legislation. One would think that in the face of that, the minister would have appealed the decision.
In addition to that, when one, having respect for this place and the laws passed by Parliament, actually looks at the Truchon decision and the reasoning of Madam Justice Baudouin, it should be all the more apparent the need to appeal the decision. Madam Justice Baudouin, in concluding that the reasonable foreseeability criterion contravened section 7 and section 15 of the charter, was driven, arguably, by a restrictive interpretation of the purpose of the law. Indeed, Madam Justice Baudouin reached her conclusion by singularly focusing on one objective of the law, namely, to protect vulnerable persons from being induced in a moment of weakness to ending their life.
However, that was not the only objective of the legislation. When one looks at the preamble of Bill C-7, it expressly provides for other objectives, including the sanctity of life, the dignity of the elderly and disabled, and suicide prevention, yet the judge in Truchon focused exclusively on only one of those objectives.
What Parliament sought to do in providing for a reasonably foreseeable criterion was to respond to what the Supreme Court called upon Parliament to do, namely, to strike a balance between individual autonomy and the need to respect vulnerable persons.
The Attorney General, moments ago, stood in this place and said that the government chose not to appeal the decision because it agreed with the substance of the decision. That is quite interesting because only four years ago, three years before the minister decided not to appeal the decision, ministers on that side of the House emphasized how critical the reasonably foreseeable criterion is to provide and ensure effective safeguards to protect the most vulnerable.
To that end I would quote the former health minister, Jane Philpott, who, on June 16, 2016 stated:
We are concerned with the Senate's recommendation for the removal of the clause that recommends that this be considered only in the face of natural death being reasonably foreseeable because of the fact that people with mental illness, among others, would not be adequately protected.
Then there are the comments of the then attorney general, the hon. member for Vancouver Granville, who introduced Bill C-14 and stated:
There are other compelling reasons for there to be a requirement that the person's natural death be reasonably foreseeable. First, it provides a fair way to restrict eligibility without making assisted dying available to almost everyone. Second, restricting eligibility in this way is necessary to protect the vulnerable.
In the face of those objectives, it is quite a departure and quite convenient for the minister to say that he was going to effectively abdicate his responsibility as attorney general to uphold the laws passed by Parliament by allowing a single decision of a single lower court judge in one province of this country to stand. The Attorney General acknowledged, and we should make no mistake about it, that the effect of Truchon and its codification, by way of this piece of legislation, significantly transforms the medical assistance in dying framework in Canada.
At the time of the Carter decision and when this House, four short years ago, debated Bill C-14, medical assistance in dying was thought to be an exception to the rule, not the rule. It was thought to be appropriate in certain circumstances in an end-of-life context, where one who was suffering intolerably could, upon providing clear consent, hasten their death.
With this legislation, it would now be appropriate to terminate human life even in the absence of a terminal illness and even in circumstances where the suffering is medically manageable. That is a radical transformation, and it creates a number of complexities around issues of suffering that might be psychological or existential and outside of an end-of-life context. When one removes the reasonably foreseeable criterion, all that is left is that one must have a serious disease, illness or disability, be in state of decline, and be suffering physically or psychologically as a result.
When one removes an end-of-life, or reasonably foreseeable, component, that already arguably subjective test becomes a whole lot more subjective, and that has the potential to put vulnerable persons' lives at risk. One can see that with those broad parameters, persons with degenerative disabilities could have their lives terminated, notwithstanding that they may have years, if not decades, to live. That has caused enormous concern in the disability community across Canada.
One month after the Truchon decision was issued, some 72 organizations from across Canada, representing a cross-section of the disability community, wrote to the Attorney General and pleaded with him to appeal the Truchon decision. They did so out of concern that persons with disabilities could be put at risk and have their lives prematurely ended.
The writers of the letter noted that the legislation could arguably contravene article 10 of the UN Convention on the Rights of Persons with Disabilities, which provides that persons with disabilities should be treated equally under the law. They note that persons with disabilities could be treated unequally because one could have medical assistance in dying made available to them for no other reason than they happen to be disabled.
It should be noted that the UN rapporteur on the rights of persons with disabilities sounded the alarm when she said she was, “extremely concerned about the implementation of the legislation on medical assistance in dying from a disability perspective.” From a disability perspective, that plea fell on deaf ears on the part of the Attorney General in terms of his failure to appeal the Truchon decision.
In light of what a significant change this legislation means, it is unfortunate that it has come to this, because appealing the decision would have allowed for time. It would have allowed time for Parliament to take into consideration the significant complexities associated with this change, a mere four years after Parliament had legislated a comprehensive regime, and it would have provided clarity in terms of informing Parliament about the scope of the framework upon which Parliament can legislate.
However, instead of taking the appropriate time to ensure that any legislative change respects the charter, because respecting the charter, including life, means protecting vulnerable persons, we are here with a profoundly significant piece of legislation being rushed. It is being rushed in the face of the expiration of the stay on the declaration of constitutional invalidity, effective this December.
While the Attorney General and the government emphasized the Truchon decision, it must be noted that this legislation goes well beyond the scope of Truchon. It removes important safeguards, including the 10-day reflection period. It removes the requirement that there be two witnesses to confirm that a person made the request of their own free will and that the request reflected their true consent. It provides for a complex advanced consent regime, one of those complex areas when it comes to medical assistance in dying policy, and it does all of this pre-empting what Parliament had determined, called upon and legislated in Bill C-14; namely, a legislative review that was supposed to take place this spring, but is not going ahead.
Now we are in this rushed process, instead of having an opportunity for members of Parliament to come together to hear from expert witnesses, to review the state of the law, to give consideration to the comprehensive reports of the Council of Canadian Academies and to receive diverse feedback on all of these issues. It need not have been this way. It should not have been this way, and it is regrettable that the government has so recklessly put us in this position by rushing through legislation that, arguably, could put vulnerable Canadians at risk and remove critical safeguards.
View Randall Garrison Profile
NDP (BC)
Madam Speaker, let me start by saying how much I would rather be in the House today than at home managing a small raise hand function on the screen and our own barking dogs. More seriously, let me say how much I would rather have completed this debate in March when it comes to avoiding or preventing unnecessary suffering.
COVID-19 has required us all to make adjustments. Obviously the adjustments we have to make as parliamentarians pale in comparison to the experience of most Canadians, especially those who have lost loved ones to COVID-19; those who have lost their livelihoods; those who are still struggling to make ends meet, to keep a roof over their head and to put food on the table; and those who are struggling with the pandemic while contending with life-threatening illnesses.
Let me also preface my remarks on Bill C-7 with a few words on why we find Bill C-7 before the House at all. There is a tendency by both the Liberals and Conservatives to emphasize that we are here because of a deadline imposed for changes in medical assistance in dying by the Quebec Superior Court decision in the Truchon case. That is true technically.
However, it obscures the role of the plaintiffs in that case, Jean Truchon and Nicole Gladu, who went to court to contest the provisions of Bill C-14, which they found violated their charter rights by causing or prolonging unnecessary suffering for those at the end of life and for denying individuals autonomy of decision-making over the end of their own lives.
I actually want to thank the plaintiffs today who brought us here, and also to stop for a moment to express my condolences to the family of Mr. Truchon, who left Canada a better place as a result of his attempt to improve the way we deal with medical assistance in dying, when he left us in April.
When it comes to medical assistance in dying, for New Democrats, our priority has always been, and remains, avoiding unnecessary suffering being inflicted on those who are already suffering from terminal illnesses and at the same time avoiding prolonging suffering for their families who have to bear witness to that suffering.
We were glad to see this legislation come forward in February, very promptly for a new government, but we are disappointed that we are here in October, starting over again. Some of this delay was due to COVID-19, but the blame for this delay lays equally at the feet of the Liberals for proroguing the House.
In February, there was recognition by all parties that there were two pieces of work outstanding on medical assistance in dying. First was the need to amend Bill C-7 to conform with the charter as demanded by the Quebec Superior Court ruling in the Truchon case, which found the current law too restrictive. This is the very reason New Democrats voted against Bill C-14 when it originally came before the House.
Even before the court ruling, there were many calling for changes. Those who listened carefully to the terminally ill, their families and practitioners providing the medical assistance knew well the unnecessary suffering that was being inflicted, and continues to be inflicted by our current law.
The second task with regard to medical assistance in dying was to conduct a legislative review of the broader issues around MAID after four years of our experience with it. This is not to be confused with a normal review of the specific legislative changes proposed in Bill C-7. This broader legislative review of the issues arising out of medical assistance in dying was mandated in the original legislation and was supposed to start this June.
Bill C-14 required that the review specifically look at the question of advance requests, requests from mature minors and requests where mental illness is the sole underlying condition, but it was not to be limited to those topics.
I am disappointed that the second task appears to have fallen off the agenda for the Minister of Justice. Early this morning I asked him to commit to starting this broader review in parallel with the examination of the changes in Bill C-7. As I told him then, I put Motion M-51 on the Order Paper today to create a special committee of the House that could conduct this broader review at the same time as the justice committee deals with the urgent changes needed and required because of the court decision and because of the unnecessary suffering inflicted by our current law.
I want to talk about each of these two tasks in more human and practical terms by starting with very personal stories, one for each of these. It is clear to me that the current legislation has some unintended and cruel consequences. These were clearly demonstrated by what happened to a very good friend of mine.
On January 1, 2019, I went to a traditional New Year's levee in one of the communities in my riding. When I arrived, I was not surprised to be greeted enthusiastically by someone I had become close friends with over 10 years involvement in public life together. I was surprised, however, to see her right arm was in a sling.
I am not going to name this friend today because I did not seek formal permission from her family to do so, but I am telling her story today as I trust she would want her unfortunate experience with medical assistance in dying to make a difference.
When I asked my friend what was happening, she recounted how, suddenly and inexplicably, she began having trouble using her arm over the holidays and that she was going to have it checked out as soon as possible. A month later, she began to see other symptoms and she found out that she had an inoperable brain tumour the size of a raisin but growing, growing slowly but growing nonetheless. This was a condition that would prove to be painful, debilitating and terminal.
As her condition rapidly deteriorated, she began to make plans for her end of life. Just four short months after a diagnosis, my partner and I received an invitation to what she was calling a masquerade ball in her honour. My friend was incredibly brave and never lost her sense of humour or her love of life right up to the end.
On that Saturday, she checked herself out of the hospital to celebrate her life with us that night. Rather than, as she joked, allowing us to get together after she was gone and talk about her then, she preferred to see us before and to hear what we had to say before she had to leave. Just days later, we found out she was gone. With her death, we were not only deprived of a larger-than-life member of the local arts community. We were also deprived of a friend whose enthusiasm for life had always been infectious.
Why such a sudden exit? The current law requires that those who have already been assessed and approved for medical assistance in dying be competent when the final moment to receive that assistance comes. Therefore, my friend was forced to depart weeks if not months early because she feared the loss of competence that might result from her brain tumour if she waited too long, and that this loss of competence would prevent her receiving medical assistance in dying and thus inflict weeks or months of suffering on her as the patient but also, more important to her, weeks of suffering on her family and friends who would be forced to witness a prolonged dying.
Bill C-7 would fix this by removing the requirement for final consent for those who are already assessed and approved for medical assistance in dying. This would take away the need to go early in order to avoid the loss of competence that now prevents receiving medical assistance in dying.
The bill would also make the process more straightforward in several other ways. It would do so by taking away the mandatory 10-day waiting period, reducing the number of witnesses required from two to one and expanding who could serve as a witness. These are all things practitioners have told us are unduly restrictive and only end up unnecessarily prolonging suffering.
Right now, I should take a moment to thank four doctors who have been kind enough to share with me their experiences in providing, or not providing in some cases, medical assistance in dying to hundreds of patients. Again, I will not name them today to respect their privacy, but my conversations with these four incredible people have helped me understand how medical assistance in dying operates in real life.
I should mention one other change in Bill C-7 that would have more substantial impacts. That is the removal of the requirement that death be imminent before one can receive medical assistance in dying. Bill C-7 then sets out a more restrictive process than that for those whose death is imminent and where there is more time for assessment and decision-making. However, I should emphasize, Bill C-7 still maintains the high standards set in the original legislation that in order to receive medical assistance in dying patients must have a condition that is incurable, must be in a state of irreversible decline and must face intolerable suffering. This means that Bill C-7 would not open the door for medical assistance in dying quite as wide as some have suggested.
My second story, also very personal, deals with one of the broader issues that the review of MAID was supposed to deal with. This story is my mother's story. My mum passed away just short of five years ago, during the debate on MAID. This is a story I have told before during the debate on the original bill, but one which still lacks resolution.
My mother had always been very clear with my sister and me about her wishes regarding the end of her life. For her, it was simple. She asked us that if she ended up bedridden, unable to shower or feed herself, and did not know who we were, then to please let her go. She suffered from dementia and other underlying conditions that were complicated by a serious fall and, fortunately for her, she was not forced to endure for long those conditions she had feared.
Unfortunately, the kind of advance directive or advance request that my mother had wanted to give is still not allowed under the existing legislation. I know many in my community, and more specifically, many in my own social circles, fear just such an outcome and feel that they should be able to make their own end-of-life wishes known and have them respected, just as they are now when it comes to questions of refusal of medical treatment. I tend to be of the same opinion. However, my discussions with practitioners providing medical assistance in dying have persuaded me that this question is not as simple as it appears on its face. This remains one of the important issues the legislative review of the current legislation can address and is mandated to address by Bill C-14.
As I mentioned earlier, there were other issues that were assigned to this broader review in the original Bill C-14, including requests from mature minors and requests for mental illness as the sole underlying condition, but one concern was missed. Let me take a moment now to address the concerns of disability advocates that, with the removal of the requirement that death be imminent, there will be pressure on the vulnerable in our society to choose medical assistance in dying.
First and foremost, as a society we can and must do better in offering support to people with disabilities. Failure to provide necessary resources to ensure that everyone can enjoy full and equal participation in life is a current and ongoing black mark on all of us. We have only to look at the failure to deliver additional assistance promptly to persons with disabilities during this pandemic to remind ourselves how often we forget about those living with disabilities. However, we should not dismiss the concerns of the disability community about medical assistance in dying out of hand. The legislative review is the place for us to consider seriously the question of whether the existing safeguards preventing pressure on the vulnerable to choose medical assistance in dying are, in fact, sufficient.
Before I conclude, I want to remind members that, as a society, we must do better in the job of end-of-life care. Again, COVID has demonstrated the tragic deficiencies in long-term care in ways I hope we will not ignore.
New Democrats will support the bill and help expedite its passage in order to bring an end to unnecessary suffering and to meet the deadline imposed by the Quebec court in the Truchon decision, but this support has always been predicated on going forward with a larger review without delay.
I have drafted a motion, Motion No. 151, which I have tabled today. I look forward to hearing a positive response from the government on this. We have just heard a positive response from the Bloc, and I am hoping for a positive response from the Conservatives.
Proceeding with Bill C-7 without proceeding with the broader review is only getting half the job done on medical assistance in dying. At the same time, failure to conduct the broader review potentially undermines public support for medical assistance in dying, which, so far, has only continued to grow. In fact, I believe this is one of the most important questions that could ever come before Parliament.
I look forward to the debate on the specific improvements that we can make to Bill C-7, but I urge all of us to consider undertaking the broader review of issues around medical assistance in dying without delay.
View Rob Moore Profile
CPC (NB)
View Rob Moore Profile
2020-10-09 13:46 [p.822]
Madam Speaker, I will be splitting my time with the member for Sarnia—Lambton.
It is my pleasure as shadow minister for justice for the official opposition to use this opportunity to speak to the proposed legislation before us. It is important legislation. We have been hearing points from both sides of the House on Bill C-7, which impacts many Canadians. In fact, it impacts us all. This is a piece of legislation that deals with life and death, and there is probably nothing more important that we could be talking about today.
Any time we, as legislators, are asked to review and analyze legislation like this, it is critical that we take the time to get it right, and this is part of the problem. As we have heard many times over the course of the last year, we should not be dealing with this legislation today because the Minister of Justice and this government should have appealed that decision.
This is what was being called for by those in the medical community, those in the disability community and individuals across the country after that decision came out in Quebec. The right thing to do, which is what our party, the Conservative Party, called on the government to do, would have been to appeal that decision.
What we have been left with is a patchwork across our country. We have been left with confusion. We should have had the certainty of an appeal to the Supreme Court of Canada on something this important. Instead, the government took the Superior Court of Quebec decision, responded to it and, in my view, went far beyond what was required to respond to that decision. I will discuss some of those things.
The bill was introduced as a response to a Superior Court of Quebec decision made on September 11, 2019. That decision found that the law was too restrictive in the requirement for death to be reasonably foreseeable in order to access medical assistance in dying. At the time, we called upon the government to appeal this decision to the Supreme Court.
As we debate the bill before us, we still do not have the clarity that we could have had if the government had appealed that decision. Rather than defend its own legislation, this government has used this as an opportunity to broaden assistance in dying legislation in this country without doing the fundamental consultation and homework necessary to get an important decision like this right. Even in the previous legislation, Bill C-14, there was to be a mandatory review of assistance in dying legislation and what flowed from it, which was to take place this past summer. This government circumvented all of that with this new legislation.
When the government passed Bill C-14 in the 42nd Parliament, it required this review to be conducted this year. The review was to analyze the state of assistance in dying in Canada in a comprehensive way, and instead of waiting for that, we see with this legislation the government going far beyond what had to be done to respond to the Quebec court decision.
This topic is a very sensitive issue for many in the House who have personal experience with it and, indeed, it is a sensitive issue for many Canadians. We ask that all members on each side of the House be aware of this. While there may be disagreements, we are each here to represent our constituents and arrive at legislation that best protects Canadians.
I have heard directly from many Canadians who are concerned about the lack of protection for conscience rights for health care professionals in both the bill before us and the original MAID legislation. As the government looks to broaden the legislation further, it becomes even more important that the conscience rights of health care professionals are protected. By further expanding medical assistance in dying, the government risks reducing the number of medical professionals willing to take part in this process. It is also important to note that this expanded access could result in a heavy emotional burden on those health care providers, as we head into uncharted territory with the bill.
We, as members of Parliament, cannot appreciate the burden that this has put on health care providers who are working in this system and providing medical assistance in dying.
Further, there are very few protections in place for medical professionals who do not want to participate in the process and may be penalized, as a result, by an employer. This is a point that I raised when Bill C-7 was introduced earlier this year, and it is disappointing to see that it was not corrected in this version of the bill.
This brings me to my next point about standing up for Canadians with disabilities. The 10-day waiting period, which could already be waived in the legislation for extenuating circumstances, has been removed. I heard the chief justice say today that removing the 10-day waiting period was universally accepted in his consultations across the country. I wonder who he has been talking to.
Yesterday I spoke with a group that represents those with disabilities across the country at Inclusion Canada. Those in that group said that they are in favour of maintaining the 10-day waiting period, and their role is to stand up for individuals with disabilities. It is interesting to note that they called on the minister of justice at the time to appeal the decision of the Quebec court. They said that medical assistance in dying must have limits. Individual rights must be balanced with protections, not only for our most vulnerable citizens, but also for society as well.
One of the most important foundations of our Canadian society and identity is that we are a caring, compassionate country. For those with disabilities, their experience now is that they are told, often bluntly, that they would be better off dead. The Foley case in London, Ontario, is one example of this. This decision, if it remains unquestioned, will simply erode provincial health responsibilities for expert clinical care and social support for people who are fragile.
The Minister of Justice would also be familiar with a letter written to him on October 4, 2019, which was signed by over 70 organizations that stand up for Canadians with disabilities from coast to coast to coast. They wrote that they found the decision by the Superior Court of Quebec to be very concerning. One of the reasons for this concern was that the decision failed to respect Parliament's authority to balance the interests of the individuals with the interests of society, effectively limiting Parliament's capacity to pursue social targets, such as substantive equality and inclusion.
They describe the decision as a dangerous precedent, writing, “The Supreme Court must weigh in on this flawed analysis. The decision will entrench stereotypes and exacerbate stigma further for Canadians with disabilities.” The letter continues, and I agree, “[We] must avoid sending a message that having a disability is a fate worse than death.... Canada must appeal the decision to prevent additional stereotyping”. The letter concluded by urging the government to appeal the decision to the Supreme Court.
Again, the letter was signed by over 70 organizations, including the Council for Canadians with Disabilities, the Canadian Association for Community Living, Disability Law Centre, People First of Canada and the Canadian Mental Health Association. I mention this because it underscores how we need to get this legislation right.
Last November, the Canadian Hospice Palliative Care Association and the Canadian Society of Palliative Care Physicians issued a call to action due to ongoing confusion in the general public regarding hospice, palliative care and MAID. Quite frankly, palliative care focuses on improving the quality of life and symptoms through a person-centred approach for those living with life-threatening conditions.
The federal government should be looking for ways to improve further palliative care across Canada, as was committed to many times by the government. In their call to action, the groups I mentioned state, “Less than 30% of Canadians have access to high quality hospice palliative care, yet more than 90% of all deaths in Canada would benefit from it.”
I want to stress my previous point that this is an important issue for many Canadians. On matters of literal life or death, we need to take our responsibilities as legislators—
View Chris Bittle Profile
Lib. (ON)
View Chris Bittle Profile
2020-10-09 14:16 [p.826]
Madam Speaker, before I begin, I would like to state that I am splitting my time with the hon. member for Winnipeg North.
We have a serious issue before us, the issue of Bill C-7. It has been an excellent debate so far and an excellent opportunity for members on all sides to talk about this issue because it goes to our morality and to our own conscience, and we are hearing from all sides about this. I want to say that we got it wrong with the last piece of legislation; we got it wrong with Bill C-14. I want to commend the Attorney General for coming forward with Bill C-7.
I would also like to recognize a few members who were vocal advocates, working on the justice committee with Murray Rankin at the time; the hon. member for Saanich—Gulf Islands; my friend, the hon. member for Don Valley West and many other members of the Liberal caucus who tried to advance medical assistance in dying so that it would be constitutional.
I am here today to speak in support of Bill C-7, which proposes amendments to medical assistance in dying legislation. Members are aware that the Superior Court of Quebec found the eligibility criterion of reasonably foreseeable natural death from the Criminal Code made legislation to be unconstitutional. The court delayed the effect of the ruling to allow both the federal and Quebec legislatures to respond. The government has agreed with this basic principle of this decision and is now proposing to amend the Criminal Code.
Bill C-7 proposes to repeal the requirement that natural death be reasonably foreseeable. It would create two sets of safeguards: one for those whose death is reasonably foreseeable and another for everyone else. Some of the existing safeguards for those who are dying would be relaxed, and for everyone else there would be a different set of safeguards based on the current ones with some additions and clarifications.
Bill C-7 proposes to continue to use the expression, “reasonably foreseeable” natural death, but as an element that determines which set of safeguards to use and not to use it as an eligibility criterion, which was the issue in the Truchon case.
The proposal to distinguish MAID requests on the basis of whether a person's death is reasonably foreseeable is consistent with the view that MAID for people whose death is reasonably foreseeable presents less risk and complexity than other circumstances, and that the assessment of requests should be tailored to these different types of cases. Having a reasonably foreseeable natural death would also be a critical element for another proposed amendment in the bill. Currently, the MAID law requires the practitioner to give the patient the opportunity to withdraw consent or to affirm their consent just before MAID is provided.
This requirement for final consent is a safeguard; however, it has also caused some MAID patients to choose to end their lives earlier for fear of losing their capacity to provide final consent and, sadly, for some to be denied MAID entirely after losing capacity. I would also like to point out that others chose to decrease their intake of painkillers prior to MAID being provided, to ensure they retained capacity to consent, which leads to an increase in suffering.
BillC-7 would allow for a possible waiver of requirement for final consent for individuals whose death is reasonably foreseeable but where there are fewest risks and complexities in providing MAID to a person who is no longer able to consent. Permitting this proposed waiver of final consent would respond to scenarios like that of Audrey Parker of Nova Scotia, who was diagnosed with terminal cancer that had spread to her brain leaving her uncertain as to how long she would have the capacity to consent. Because she feared losing capacity before her preferred date to receive MAID, she scheduled MAID and ended her life earlier than she wanted. She openly expressed how she felt unfairly forced by the limitations of the MAID law to schedule MAID sooner than preferred and called for amendments to the Criminal Code so that others like her would not be denied the freedom to choose their preferred date to receive medical assistance in dying.
I would recommend that all members listen to the speech in the previous session from the hon. member for Dartmouth—Cole Harbour. I believe Audrey Parker was a constituent of his. He powerfully used her own words to show us where we went wrong, the impacts our failures in the previous legislation had led to, and the impacts on her life. We owe it to people like Audrey Parker, who have been assessed and approved for MAID, to respect their need for freedom in making end-of-life choices. As a compassionate society, we know we can do better to support these individuals. These amendments seek to do just that.
Waiving final consent is, however, an ethically complex question. This is because it involves MAID being administered to a person who is no longer able to consent, or to withdraw the consent they previously gave. Bill C-7 proposes a new approach for patients whose death is reasonably foreseeable, who are assessed and approved for MAID when they have the capacity, and who make very specific arrangements with their practitioner in which they give consent in advance to MAID being administered on a specific day, even if they have lost capacity by that day.
I fully support permitting advance consent for this group of individuals, but at the same time, I note that certain protections must be in place. Specifically, if on the specified day for MAID, the patient has lost their capacity and they nonetheless actively show signs of resistance to the MAID procedure, or behave in a way that indicates a refusal, the practitioner must not follow through on the procedure.
Medical practitioners at the round table expressed concerns in relation to the emotional burden that could arise from such situations, for them and for family members. They talked of possible disagreement with family members on whether to end the life of a person who appears to resist the procedure. A similar situation led to the prosecution of a MAID provider in the Netherlands and made headlines around the world. That situation is what we wish to avoid here in Canada.
That is why Bill C-7 proposes an additional provision that states that signs of resistance from the patient would make the advanced consent invalid on the specific day and going forward. While an incapable person could no longer withdraw their consent from a legal perspective, given their track record and decision-making capacity, it is proposed that MAID not be permitted under this circumstance. The approach provides much needed clarity for practitioners and family members that MAID be prohibited if the patient is resisting. The bill would also make it clear that an anticipated reflexive response, like flinching when the needle is inserted, does not count as resistance.
It is important to be clear, however, that this amendment is not about advance requests. Advance requests for MAID refer to a situation in which a person puts in writing they would want to receive MAID at some later date when they are not able to consent to it, if circumstances arise that they predict would cause them unbearable suffering.
In this situation, a person is not asking for MAID now. Instead, they are putting in writing that they want it at a later date on the basis of anticipated suffering that has not yet happened. The most likely scenario would involve people who are diagnosed with conditions that could lead to dementia, such as Alzheimer's. These people would want to have a plan in place if their worst fears should come to pass.
Bill C-7 does not propose to allow MAID on the basis of advance requests. MAID in these circumstances would be extremely complex, would avoid ethical challenges and would require more time to consider such measures. In speaking to the Attorney General, I voiced my concern that we need to spend more time considering these measures. I hope that the issue will be studied during further upcoming parliamentary review of the MAID legislation.
Taking more time to study advance requests is consistent with the approach of the Government of Quebec, which is also moving forward to hold public consultations on the issue so that all of its dimensions can be better understood.
MAID is one of the most sensitive and challenging social issues we are currently faced with. Recognizing how deeply personal this issue is to so many people, and to so many members of this place, the government has listened carefully to the diverse opinions of Canadians and has considered the expertise shared by experts, MAID providers and other experts in the development of this important piece of legislation. Bill C-7 responds to the Superior Court of Quebec ruling, but it also achieves balance that respects personal autonomy, while protecting the vulnerable as well as equity rights for all Canadians.
For these reasons, I call on all members to support the bill.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I would like to acknowledge my presence today on the traditional territory of the Algonquin people.
I would like to say a few words on the current social climate in Canada. Right now is a moment when Canadians are recognizing that there is unfairness built into our systems. These systems have always been unfair toward indigenous people.
I look to my colleagues in the House to reflect on why injustice toward indigenous people still happens and how we can move forward in the short, medium and long term. I know that in my capacity as Minister of Indigenous Services, I face those questions every day, as does my ministry. These are difficult and uncomfortable conversations, but important ones to have.
With that, I welcome this opportunity to provide the House with an update on our continuing effort to confront the evolving COVID-19 pandemic. I can assure members that the top priority of the Government of Canada during this time remains the safety and physical and mental health of all Canadians and indigenous people living in Canada.
As of June 16, Indigenous Services Canada is aware of 255 confirmed cases of COVID-19 in first nations. Of those, 210 individuals are considered to have recovered.
Indigenous Services Canada continues to work closely with communities to identify a surge in health infrastructure needs, supporting efforts to screen, triage and isolate individuals in the event of a possible COVID-19 outbreak. We will continue to work closely with communities and partners to coordinate resources and keep people and communities safe.
To date, the Government of Canada has provided indigenous peoples and northern communities with approximately $1.5 billion in funding to successfully fight COVID-19.
A large portion of this funding is found in the supplementary estimates (A), 2020-21. These estimates include more than $280 million to support health measures provided by Indigenous Services Canada in first nation and Inuit communities.
This is essential funding that will be used primarily to provide first nation and Inuit communities with the following: the services of additional health care providers; personal protective equipment; health infrastructure, in particular the repurposing of existing community spaces or the purchase of mobile structures to support isolation, assessment and shelter measures; and prevention and infection control measures at the community level.
In addition, these estimates reflect $305 million for the distinctions-based indigenous community support fund. Of this amount, $215 million was dedicated to first nations, $45 million to Inuit and $30 million to Métis nation communities, plus $15 million in proposal-based funding for first nations off reserve and urban indigenous organizations and communities.
An additional $75 million was also sought for organizations supporting first nations individuals off reserve and Inuit and Métis living in urban areas, as well as $10 million in funding for emergency, family violence prevention, shelters on reserve and in the Yukon.
As part of our COVID-19 response, we are also providing $270 million to respond to financial pressures on income assistance for essential living expenses due to COVID-19.
In addition to funding for our COVID-19 response, these estimates include funding to ensure that first nations children and families receive the services they need and to which they are entitled. We have committed $468.2 million to maintain the first nations child and family services program, which brings the program's total annual budget to $1.7 billion.
This includes support to implement the decisions by the Canadian Human Rights Tribunal issued before September 2019 and connected to the complaint by first nations child and family services regarding child and family services and Jordan's principle; coverage of expected maintenance costs for service providers; operating costs for the new agencies; response to pressure from provincial agreements; and implementation of a reserve fund to ensure that money is available should the actual numbers call for reimbursement.
The Government of Canada is committed to implementing Jordan's principle and ensuring that first nations children have access to the products, services and support they need in the areas of health, social services and education.
The Government of Canada is committed to implementing Jordan's principle and is taking action to ensure that first nations children receive the products, services and support they need in health, social services and education. The supplementary estimates also include $230 million to respond to the year-long financial pressures arising from the implementation of Jordan's principle.
Every year since its implementation, Jordan's principle has led to a significant increase in the number of approved applications submitted by individuals and groups. As a result, associated spending has increased significantly.
Since 2016, the Government of Canada has adopted an interim approach to Jordan's principle that has allowed it to inject more than $1 billion to meet the needs of first nations children. We are determined to continue to meet those needs and work to keep our promise on implementing the principle.
To further safeguard food security in the north, our government has committed up to $25 million to support temporary enhancements to nutrition north Canada in these estimates. This funding will help ensure nutrition north Canada fulfills its mandate to improve access to healthy food through additional education and subsidies during the COVID-19 pandemic.
We have also invested up to $72.6 million to address urgent health care and social support needs in the territories in response to COVID-19, with $18.4 million allocated to Yukon, $23.4 million to the Northwest Territories and $30.8 million to Nunavut. In addition, we have provided up to $17.3 million to enable the continuation of northern air services to support essential resupply and medical services in the north. We do recognize the essential role that a focused and reliable air network plays in enabling the movement of essential goods and services to respond to the pandemic. Funding has already been disbursed for the urgent health care and social support needs in the territories in response to COVID-19 and to enable the continuation of northern air service supporting essential resupply and medical services in the north.
We have also committed to a needs-based funding approach that involves $23.4 million in Vote 10 grants and contributions, including $9.9 million to support research and higher education in Canada's north; $6 million to support planning activities of the Government of the Northwest Territories, for the proposed Taltson hydroelectricity expansion project; $6 million to respond to the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls and $1.5 million toward indigenous consultation and capacity support activities.
I thank members for the opportunity to speak about this crucial and important work. Meegwetch, nakurmiik, mahsi cho.
View Anju Dhillon Profile
Lib. (QC)
Mr. Speaker, in 2016, the Canadian Human Rights Tribunal determined that the Government of Canada's approach to services for first nations children was discriminatory. One way we are addressing this is through the full implementation of Jordan's principle.
Can the Minister of Indigenous Services please tell the House more about how new funding committed to Jordan's principle through these supplementary estimates will support its continued implementation?
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, indeed, members will note that over $20 million are in the supplementary estimates that reflect the attribution of funds to fulfill this most important principle to closing the gap and ensuring equity for first nations children. The budgetary expenses are now at over $600 million.
Over and above, and more important than the number, we are speaking about children and the supports they need. I have been able to go into many communities, obviously prior to COVID-19 outbreak, and see some of the incredible work that is being done. That work continues. On equity, we are still working excessively hard to reach that by making those crucial investments. It is something we will continue to do year over year.
We have seen that increase particularly during COVID as to the needs and fulfilling Jordan's principle most notably. These investments help. Behind everyone is a child and it is very important to highlight that as we look at these large but crucial budgetary numbers in ensuring we are who we think we are in Canada.
View Leah Gazan Profile
NDP (MB)
View Leah Gazan Profile
2020-03-11 14:47 [p.1933]
Mr. Speaker, yesterday I asked the Minister of Indigenous Services when his government would stop breaking the law and honour the Canadian Human Rights Tribunal ruling to immediately stop discriminating against first nations children. This was followed by 10 seconds of silence and then story time. The same silence was heard about a plan for COVID-19 on reserves.
When will the minister follow the rule of law, honour the tribunal ruling and stop discriminating against first nations children?
View Justin Trudeau Profile
Lib. (QC)
View Justin Trudeau Profile
2020-03-11 14:48 [p.1933]
Mr. Speaker, we strongly agree that we must compensate indigenous children harmed by past government policies. It must be done in a way that is both fair and timely to further healing.
We have worked closely with the parties and found consensus on a number of key areas. We have demonstrated our commitment to addressing longstanding child and family service needs of first nations, Inuit and Métis children.
We will continue working with our partners to ensure indigenous children are supported and cared for in the right way, with connection to community and culture.
View Rob Morrison Profile
CPC (BC)
View Rob Morrison Profile
2020-02-24 14:08 [p.1425]
Mr. Speaker, I am standing today, proud to be representing the great people of Kootenay—Columbia, and honoured they have put their trust in me to represent them.
This weekend I was bombarded with comments from individuals who were upset about the illegal blockades. They were having a difficult time understanding why an illegal blockade was not dismantled immediately. A Supreme Court order is not a guideline. The crisis we are in is a result of a weak government demonstrating a real lack of leadership.
The rule of law is clear: If an illegal blockade is set up, then law enforcement agencies must respond. The RCMP in British Columbia are under contract with the province. The officer in charge of the RCMP there reports directly to the commissioner, who reports directly to the public safety minister.
Obviously, there is no clear direction for our law enforcement agencies. I know I speak for the silent majority across Canada when I say there is no excuse for the government not to have responded immediately to shut down the illegal blockades. The present crisis facing all Canadians is 100% due to our weak government demonstrating a lack of leadership.
View Mark Strahl Profile
CPC (BC)
View Mark Strahl Profile
2020-02-20 10:30 [p.1291]
Madam Speaker, this might surprise some of my colleagues, but this is my first speech in this Parliament. Therefore, I want to take a moment to thank my family, volunteers, staff and the people of Chilliwack—Hope for returning me here to the House of Commons for the third time. I thank them for that honour.
We are here for an important debate today. We have a motion calling on the House to stand in solidarity with the Wet'suwet'en people, the majority of whom have indicated their support for the Coastal GasLink project.
I want to start with a quote from the Prime Minister. When he was in opposition, he went around the country and stated, “Governments might grant permits, but only communities can grant permission.” Of course, he has not lived up to that. One can ask many communities along the way. In this case, the Government of British Columbia has granted the permits. After an independent, robust scientific review, it has agreed that this project can go forward. The government of John Horgan and the NDP in British Columbia have supported this project. The community that will be affected has also granted its permission. The 20 elected band councils, which is every band council along the route, have voted and indicated that, after many years of consultations with the company and the Crown, they are on board with this project because of the economic opportunity it presents, the respect that has been shown to them by the company and the process that has been undertaken over a number of years. The 20 elected band councils support the project. That is not in dispute.
My colleague from Cariboo—Prince George quoted a hereditary chief who said that 85% of the people in the Wet'suwet'en territory support the project. The majority of the hereditary chiefs support the project. The hereditary chiefs of the Wet'suwet'en Nation obviously have some matters they need to resolve in their own house. There has been conflict among the families. That is never something we want to see, but it is the reality. We are in a situation now where the hereditary chiefs disagree on how we should move forward. I believe the reporting on this is inaccurate. There are constant references to protests in support of the hereditary chiefs of the Wet'suwet'en people, but not all of the Wet'suwet'en hereditary chiefs. The majority of them are in support of this project. There are three hereditary chiefs who are women, and other hereditary chiefs have tried to strip them of their title for supporting the project. Obviously, there is an internal debate and dialogue that needs to continue with the Wet'suwet'en hereditary chiefs and their families. However, to suggest that somehow all the hereditary chiefs are opposed to this and are in conflict with the elected band councils is simply incorrect.
The motion also calls on the House to condemn the radical activists who have tried to exploit those divisions and tried to use the Wet'suwet'en hereditary chiefs to advance their own goals. Sometimes people do not like that kind of verbiage. They do not like terms like “radical activists”. However, when a group of people go to the home of the democratically elected Premier of the Province of British Columbia, blockade his house and threaten to take him hostage, I would say they are radical activists. When there are people who look a court injunction in the face and say they do not care about the court and ignore its decision, where does that stop? That is the real concern here. To me, that is the difference. In Canada, we all agree that when we have disputes on matters of law, the arbiter is the court. There are times when I do not agree with the decisions of the court. Sometimes I do not agree with the decisions of the highest court in this land.
I live in Canada. I am a citizen of this country. As a society, we all have that unspoken agreement that we will abide by the decisions of the courts. We cannot have a situation now where we pick and choose which court decisions we will follow and which ones we will ignore, and nor can the government. That is what has happened here over the last two weeks.
We have had numerous court injunctions granted against protesters who are blockading rail, who are causing harm to our economy, who are quite frankly threatening the health and safety of Canadians. It is -22°C with the wind chill here today. It is not too warm across the country except in my home province of British Columbia. There is a shortage of propane. There is a shortage of home heating oil. There is a shortage of chlorine and chemicals that we use to keep our water systems clean. These are all at risk, yet the government is ignoring it.
I noticed how the Prime Minister's tone changed quite a lot yesterday after he saw the public opinion poll and heard from his own caucus members. He finally admitted that the blockades were illegal, because the courts have declared them illegal. The law is being broken with the illegal activities that are taking place, such as trespassing on the rail lines, etc. Now we have contempt of court injunctions.
When a government refuses to state in the House of Commons, or anywhere, that it believes the court is right, that it believes that court decisions should be followed, that it believes that court injunctions should be upheld and enforced, we see why more and more protesters choose more and more sites.
The Prime Minister, through his inaction and his weak leadership, is emboldening these protesters to do things like show up at the home of the B.C. premier and threaten to take him under citizen's arrest, like blockade propane, home heating oil and chlorine for our water cleaning systems. All of this is apparently not worthy of condemnation by the Prime Minister.
The Prime Minister has created this situation. He has repeatedly said there is no relationship more important than our relationship with indigenous Canadians, and then for four plus years he has failed to get the job done. In fact, he sent quite different signals to indigenous Canadians, particularly indigenous British Columbians.
People in my area remember well Canada's first indigenous justice minister being turfed out of cabinet and the Liberal Party for daring to stand up to the Prime Minister, and his callous remarks during a Liberal fundraiser where donors paid $1,600. When a group of protesters arrived from Grassy Narrows, he said to a young indigenous woman, “Thank you for your donation.” That is the relationship that he has fostered with indigenous people in this country. He is reaping what he has sowed.
We have a Prime Minister who spent the first 10 days of this crisis out of the country, spending taxpayers' money, going around Africa and meeting with people who do not share the values that he trumpets here at home, trying to get their votes for a temporary seat on the United Nations Security Council. He promoted the oil and gas industries in Africa while at the same time he talked about phasing out ours. Then he bowed and scraped to the Iranian foreign minister, bowing a couple of times, smiling and shaking hands with someone whose regime is responsible for shooting 57 Canadians out of the sky.
The Prime Minister cancelled his trip to Barbados, so I guess we should give him kudos for that. He finally realized the crisis we have here, but he has not done anything about it. He will not even call these blockades illegal. He will not even stand up for the court injunctions.
We have to decide here today whether we are going to stand with the forces that ignore court injunctions or whether we are going to stand up for the rule of law and demand that the Prime Minister stand up and say that the court injunctions should be enforced and the rule of law should be enforced and upheld.
View Arif Virani Profile
Lib. (ON)
View Arif Virani Profile
2020-02-19 15:54 [p.1262]
Mr. Speaker, I am pleased to speak this afternoon in support of Bill C-5, an act to amend the Judges Act and the Criminal Code of Canada. The bill is premised on the conviction that when survivors of sexual assault appear before our courts, they have the right to be treated with dignity and respect and to be assured that the law of sexual assault is being faithfully applied. There is no room for court decisions to be tainted by harmful myths and stereotypes of how survivors of sexual assault ought to behave. The determination to tackle this problem is deeply held by this government. However, I know it is also shared by parliamentarians from all regions of the country and all political stripes.
For far too long, victims of sexual assault have had to deal with a justice system that does not treat them with the dignity they deserve.
Many victims of sexual assault decide not to file a complaint because they are afraid of being mistreated and humiliated. That is why most sexual assaults committed in Canada are not reported to the police.
This is not an issue that is easy to resolve. Parliament alone cannot do it. Improving the way the justice system treats victims of sexual assault requires the mobilization of all levels of government and many stakeholders for broad action. In addition, all members of Canadian society have a shared responsibility to challenge and counter the myths, stereotypes and attitudes that have a pernicious effect on our justice system.
In this regard, education and information play a critical role. I applaud the extraordinary work that many organizations and individuals right around Canada are doing tirelessly to this end. However, Parliament has its own responsibilities. As parliamentarians, we can and we must take action. Canadians need to know that their elected representatives in this chamber are resolutely working toward a criminal justice system that all Canadians can trust and turn to, especially those who are the most vulnerable.
To this end, this bill seeks to ensure that superior court judges have the awareness, skills and knowledge to handle sexual assault cases in a manner that is fair to the parties, that is free from myths and stereotypes and that treats survivors with utmost dignity.
The bill also promotes rigour and transparency by requiring that judges provide reasons for their decisions in sexual assault proceedings and that these reasons be set out in writing or in the record of the proceedings.
I would like to acknowledge the remarkable leadership on this matter by the Hon. Rona Ambrose, the former interim leader of the Conservative Party of Canada, in the last Parliament. In the previous Parliament, Ms. Ambrose introduced Bill C-337, the predecessor to the very bill before us today.
As we will recall, Bill C-337 received unanimous support in this very chamber, strengthened by an amendment brought forward by the Standing Committee on the Status of Women, which did excellent work in studying the bill. The committee worked to amend it to include social context education in the bill. That complementary piece will ensure that judicial training and education includes working to better understand the demographics, the background and the lived experience of the litigants who appear before our courts.
The Senate sent the bill to the Standing Senate Committee on Legal and Constitutional Affairs, which proposed meaningful amendments to address concerns about the bill undermining the independence of the justice system.
Members may recall that many stakeholders and parliamentarians, including the bill's sponsor, applauded the work of the Senate committee to improve the bill in question.
I agree with that view of the committee's amendments. Unfortunately, we were unable to pass the bill before the end of the previous Parliament.
Since the last Parliament, we have seen cross-party support for reviving this important measure. This is evidence of the strong support for the convictions underpinning this important bill, convictions which transcend political parties and partisan interests.
I want to thank all the parties, as well as our colleagues in the other chamber, for their commitment to a collaborative approach to this initiative. Canadians have sent us to this chamber with a clear message that they expect parliamentarians to work together. Our work on the bill is a clear illustration that we are listening and acting accordingly.
The bill places particular emphasis on the judiciary. Our government recognizes the need for education, not only for judges but also for all actors in the justice system. We are working with our provincial and territorial counterparts and justice stakeholders to expand our efforts in this area. However, the focus of the bill before the House today is on judges. To be a judge is to bear an important responsibility.
I want to quote from the Hon. Justice Gonthier, former justice of the Supreme Court of Canada. He said:
The judge is the pillar of our entire justice system, and of the rights and freedoms which that system is designed to promote and protect. Thus, to the public, judges not only swear by taking their oath to serve the ideals of Justice and Truth on which the rule of law in Canada and the foundations of our democracy are built, but they are asked to embody them.
Justice Gonthier continued:
...the personal qualities, conduct and image that a judge projects affect those of the judicial system as a whole and, therefore, the confidence that the public places in it.
The confidence of the public in the administration of justice is critical to the underpinning of the bill that is before us.
Given judges' fundamental role, the public has especially high expectations of them. The Canadian Judicial Council put it as follows:
From the time they are considered for appointment to the Bench, and every day thereafter, superior court judges in Canada are expected to be knowledgeable jurists. They are also expected to demonstrate a number of personal attributes including knowledge of social issues, an awareness of changes in social values, humility, fairness, empathy, tolerance, consideration and respect for others. In short, Canadians expect their judges to know the law but also to possess empathy and to recognize and question any past personal attitudes and sympathies that might prevent them from acting fairly.
In order for judges to meet these very high public expectations, relevant judicial education is essential. This education must be continually evolving in order for judges to perform their duties in situations that are constantly changing, that are dynamic. A lot of great work is being done now, but now there is a need to enshrine in legislation that this is an expected requirement going forward. That is why judicial education is a central feature of the bill under consideration before us now, Bill C-5.
Our criminal law has undergone considerable reform over the past three decades to encourage reporting of sexual assaults; to improve the criminal justice system's response to sexualized violence; and to counter discriminatory views of survivors that stem from myths and stereotypes about how a “true victim” is expected to behave. We know that such perceptions, myths and stereotypes have no role in the justice system in 2020, and that is what the bill targets.
As a result, the Criminal Code prohibits all forms of non-consensual sexual activity. It provides a clear definition of consent. It identifies when consent cannot be obtained. It sets out the rules for admissibility of certain types of evidence to deter the introduction of these harmful myths and stereotypes.
I would now like to explain a few of the proposed legislative amendments.
The bill before us is, as I mentioned at the outset, essentially the same as the former Bill C-337, as amended by the Senate.
In order to require newly appointed judges to undergo training on sexual assault law and social context, the bill proposes to amend the Judges Act and to include a new eligibility requirement.
Under this amendment, candidates for employment as a judge of the superior court will be required to make a commitment to undertake this type of training if they are appointed. That is an important caveat. Upon appointment is when the training would take place. This training is to ensure that the courts take into account Canada's extensive law and jurisprudence on sexual assault and information on the social context of litigants, without being influenced by preconceived or erroneous ideas.
The bill would also clarify that seminars established by the Canadian Judicial Council on matters related to sexual assault law must be developed after consultation with groups or individuals the council considers appropriate, including sexual assault survivors and groups supporting them.
In addition, the bill would require the Canadian Judicial Council to provide to the Minister of Justice, for tabling in Parliament, an annual report containing details on seminars offered on matters relating to sexual assault law and indicating the number of judges who have been attending. This is intended to enhance accountability in the education of sitting judges on these matters and to act as an incentive to encourage their participation.
Finally, the bill would amend the Criminal Code to require judges to provide reasons for decisions under sexual assault provisions of the Criminal Code. This amendment is intended to enhance the transparency of judicial decisions made in sexual assault proceedings by rendering them accessible, either in writing or on the record of the proceedings, so oral reasons would be sufficient as well.
I want to mention that this proposed amendment to require judges to provide reasons in the determination of sexual assault matters specifically is complementary to three currently existing requirements:
First, the members in the chamber should understand that section 726.2 of the Criminal Code requires judges to provide reasons when they are sentencing decisions.
Second, there is jurisprudence from the Supreme Court in a 2002 decision called Sheppard, which requires judges to provide reasons for their decisions more generally.
Third, subsections 278.8(2) and 278.94(5) of the Criminal Code require judges to provide reasons when determining whether certain types of evidence should be admitted in sexual assault cases.
Under this bill, the obligation to state reasons will be added to the other Criminal Code provisions relating to sexual assault. As a result, all provisions relating to sexual offences will be clear and accessible to the people applying them, thereby reducing the risk of an erroneous application of law by countering the potential influence of myths and stereotypes about victims of sexual assault and their behaviour.
This approach is in line with the Supreme Court of Canada's finding that these myths and stereotypes can undermine the courts' truth-seeking function.
It is also important to note for the purposes of today's debate that the government has already committed significant resources to support the availability of enhanced judicial training in this very area. In the 2017 budget, we provided the Canadian Judicial Council with $2.7 million over five years, and half a million dollars per year thereafter, to ensure that more judges have access to professional development, with a greater focus in particular on gender and culturally sensitive training.
Our government is also actively at work with stakeholders to ensure that appropriate training is available to all of Canada's judiciary, including judges who are not federally appointed. Again, I want to acknowledge in this chamber the leadership and determination of the Hon. Rona Ambrose in making this happen as well.
Next, I want to turn to the important principle of judicial independence. This bill is designed to support that constitutionally entrenched principle. I parenthetically note that in my previous life as a constitutional litigator, I spent considerable time working on this very principle and dealing with this very issue. I am very proud to say today that the bill we are debating in this chamber clearly supports the principle of judicial independence and, importantly, the principle that the education of judges should be the responsibility of the judiciary. That is an important feature that is entrenched in this bill.
Whatever measures are taken to ensure that judges have access to sexual assault training and its social context, those measures would be ill-advised if they interfere with judicial independence.
Public trust requires knowing not only that judges have the expertise required to settle the disputes that come before them but also that they are independent of Parliament, the executive branch and any other group that could try to unduly influence them.
We in Canada are fortunate to have a strong, independent judicial system. We cannot take this independence for granted, and as parliamentarians, we must work to preserve and promote it.
What I can report to this chamber is that Canada's judiciary is strongly committed to ensuring that the best possible education is available to judges. In fact Canada, thankfully, is an internationally respected leader in judicial education and is a trailblazer in social context education in particular.
Let me briefly highlight the important roles of two organizations that oversee the work of judges. The first is the Canadian Judicial Council, which I briefly mentioned earlier, and the second is the National Judicial Institute.
The Canadian Judicial Council is responsible for setting professional development requirements for superior court judges. In its professional development policy, the council requires judges newly appointed to a superior court to complete an education program for new judges, as well as to complete a more general program within five years of appointment. These programs include sexual assault law and social context education. What we are doing with this bill is making this a formal requirement.
The National Judicial Institute is responsible for the overall coordination of judicial education in Canada. In addition to being a primary education provider, the National Judicial Institute is an internationally recognized leader in judicial education. The institute seeks to integrate substantive law, skills development and awareness of social context in all of its programs.
I want to acknowledge the significant commitment of the Canadian Judicial Council and the National Judicial Institute to ensuring that judges have access to the training they need. We thank them for their full commitment to a justice system that all Canadians can trust, especially those who are most vulnerable.
It is also important to acknowledge in this chamber the important and respectful dialogue between the judicial and legislative branches that the previous bill, Bill C-337, triggered in the last Parliament, which I am confident will continue as the current bill, Bill C-5, is debated and studied. All partners in this dialogue share a strong commitment to a justice system that survivors of sexual assault can trust and that all vulnerable persons can trust, a justice system that treats them with the dignity and respect they so dearly deserve.
It is also important to outline how this bill would work within the context of other government commitments and government actions. Supporting victims and survivors of crime is a priority for our government. This includes working with provinces and territories to provide free legal advice and support to survivors of sexual assault and intimate partner violence. It includes the government's commitment, announced in the Speech from the Throne, to build on the gender-based violence strategy and work with partners to develop a national action plan.
The bill before us represents a major step forward. It gives parliamentarians an opportunity to send a clear message to all Canadian victims of sexual assault that we are not indifferent to their experiences, that their courage is an inspiration and that they deserve a justice system that treats them with the utmost dignity and respect.
I know that we all share the same convictions in this regard, which is why I urge all members on both sides of this House to agree to support the very important measures contained in Bill C-5.
View Jag Sahota Profile
CPC (AB)
View Jag Sahota Profile
2020-02-19 16:37 [p.1268]
Madam Speaker, I am honoured to stand in this place to deliver my maiden speech on behalf of my constituents in Calgary Skyview. Being elected as their representative is a very humbling experience, and I am very grateful for this opportunity. I have lived most of my life in Calgary and I cannot think of a better place to grow up. We are so fortunate for our rich, diverse communities that thrive on hard work and a true sense of belonging to Canada.
Throughout my campaign, I met many of my constituents to learn from them how best I could help make their life easier as their member of Parliament. Most notably, I met a young woman in my riding who said to me, “I have never seen anyone who looks like me do what you are doing. I want to go to school and do what you do.” This sentiment meant a lot to me. What she saw was the first Sikh female to be elected in the House of Commons from Alberta. Other constituents would say “Our daughters are looking up to you.”
I am proud to stand here today to represent not just those young women in my riding, but anyone who has dreamed of a life in service and of being here. I began imagining my journey to this place when I was really young. I would watch Amnesty International and my heart went out to those people. I would sit there and cry. Their stories moved me. I decided then I would practise law. Being a lawyer has been a tremendous honour for me. It is something I am very passionate about.
This is why this legislation we are debating today is very important to me as a lawyer, as a woman, and now as the deputy shadow cabinet minister for women and gender equality. I want to thank Ms. Ambrose for tabling this important legislation in the previous Parliament and for her dedication to this crucial issue.
Her bill, Bill C-337, received widespread support from parliamentarians and stakeholders. I am encouraged to see it moving forward. I am also pleased to see it as one of our commitments in our platform during the campaign.
Similar to Bill C-337, the bill we are debating today, Bill C-5, adds new eligibility for lawyers seeking appointment to the judiciary to require the completion of a recent and comprehensive education in sexual assault law as well as social context education. It requires the Canadian Judicial Council to submit an annual report to Parliament regarding the details on seminars offered on matters relating to sexual assault law and the number of judges attending. It does this while still maintaining the balance between judiciary independence and a fair criminal justice system, which is very important to me and to all Canadians.
The rationale for the need for the bill is all too familiar, given the recent spotlight on the treatment of sexual assault victims during trial. Sadly, this is certainly not something that is new. Let us explore the current state as it stands now. There is piecemeal training and education available in certain jurisdictions, but it is not mandatory.
We saw in 2016, a judge was found to have relied on myths about the expected behaviour of a victim of sexual abuse. That case was overturned on appeal for obvious reasons. We have seen instances of judges and the use of insensitive language when referring to victims, which can further lead to stigma.
In 2019, there were nearly a dozen cases going through Canada's court system that shed light on how judges continue to rely on myths and stereotypes when informing their decisions on sexual assault cases. Here we are, still seeing similar misinformation about the experience of sexual assault victims or victims of abuse, which can lead to poor decisions and, as we have seen, possible miscarriages of justice, sometimes resulting in new trials.
Retrials can be incredibly painful for the complainants, potentially further revictimizing them. The way victims are treated during their court proceedings as well as in the public eye we know is a major hindrance to reporting the crime in the first place. Victims witness how other sexual assault victims are treated in the justice system and are concerned that if they come forward, they will be treated in the same way.
We know that sexual assault is one of the most under-reported crimes in Canada. Of reported cases, only 12% result in a criminal conviction within six years, compared to 23% of physical assaults, as reported by Statistics Canada. We know the reasons for under-reporting include shame, guilt and stigma of sexual victimization. Victims also report the belief that they would not see a positive outcome in the justice system. This simply cannot stand.
What can we do? The best way to prevent this kind of sentiment is through education and training. The path forward that this legislation sets, similar to Bill C-337, allows for more confidence in the criminal justice system by ensuring lawyers who are appointed to the bench are trained and educated in this very specific type of case.
The future state, with this bill passed, is the hope that with education and training, the stories we have once heard of victims made to feel “less than” will not be repeated. This legislation is intended to help reduce the stigma of coming forward, of reporting the crimes and seeing justice prevail for the victims.
The hope is that with education and training, the victims of sexual assault will be treated with respect and avoid, at all costs, being revictimized, which can be incredibly traumatizing for the individual.
As Ms. Ambrose said during her testimony before the status of women committee, “Really...for me it's about building confidence. Women do not have confidence in our justice system when it comes to sexual assault law.”
This has to change if we are going to see an increase in sexual assaults being reported and convicted. This piece of legislation will bring us one step closer to eliminating barriers and giving victims of sexual assault more confidence to come forward.
Unfortunately, as we know, it is not just with the justice system where we see these types of myths and misunderstanding. The recent tragic death of a young woman in Quebec sheds a light on the broad scope of this issue. Marylène Levesque was killed at the hands of a convicted murderer who had a history of domestic violence and was granted day parole.
At a hearing into the offender's previous request for full parole, the board heard from his parole officer that while living in a halfway house, he had been allowed to have his sexual needs met. How was a man with a history of violence against women granted permission to have his sexual needs met?
That is why, in light of this horrific crime, we would like to explore studying an amendment to this bill to capture parole officers and Parole Board members in this legislation in the hopes that something like this does not happen again.
I look forward to further study on this potential amendment and debate on this piece of legislation. I hope it garners the same support in the House as Bill C-337 did. I hope this bill passes quickly as this will only move us forward as a society and help grow confidence in our justice system.
View Laurel Collins Profile
NDP (BC)
View Laurel Collins Profile
2020-02-19 17:20 [p.1275]
Madam Speaker, I am grateful to have the opportunity to rise to speak to this issue. For me, like many Canadians, this is a deeply personal issue.
I am among the one in three women who has experienced sexual violence and I know first-hand how the shame, guilt and stigma still persist in addressing sexual assault. I have also witnessed close friends and community members go through the legal system and struggle in dealing with the misconceptions and prejudice from support workers, police, lawyers and judges.
Having witnessed the challenges survivors face in our judicial system, many choose not to report it. Only one out of 20 sexual assault victims report to the police. A key factor for that is the lack of confidence survivors have in the judicial system to treat them fairly and to achieve a positive outcome.
For those who choose to report to the police or to pursue charges, the judicial system is rigged against them. The fear many survivors have that they will not get fair treatment is real, and it is supported by the evidence.
There is a profound lack of trust in the legal system. Out of the estimated 460,000 sexual assaults each year in Canada, only three out of every thousand lead to a conviction. That is number is staggering: three out of 1,000.
When it comes to sexual assault, it is clear that we need a systematic review of the judicial system to stop survivors from being victimized or victim-blamed, or not being informed or having reports systematically brushed aside and being badly supported by our policing and justice systems.
The Canadian justice system in its current form actually discourages sexual assault survivors or survivors of gender-based violence from coming forward. This bill seeks to take a small but important step forward in correcting the problem through training and education of judicial candidates. These future judges would get training on the current standing of sexual assault laws, namely principles of consent, conduct of sexual assault proceedings and education regarding myths and stereotypes of sexual assault complaints.
This is so important. It is a non-partisan issue. The last iteration of this bill passed unanimously in the House in the last Parliament, but was shamefully blocked by the unelected Senate. This is why the NDP agrees that legislation is needed to require judges to receive training around sexual assault.
Without taking away from the importance of the bill, which is desperately needed, we also have to acknowledge that it is just one of the needed steps. Treating sexual assault as only a criminal justice issue ignores the fact that just one in 20 victims report it to the police.
Sexual assault is also a public health issue, a personal health and wellness issue and a mental health issue. We need to treat it as such by also turning our attention to medical services, support and care. Trauma-informed approaches and an increased understanding of sexual assault among key service providers and actors is critical. This includes judges, but also police, medical professionals, lawyers and support workers.
I am also lucky to live in a riding where my constituents and I have the Victoria Sexual Assault Centre. I was lucky enough to be able to access its services when I needed them. It serves people of all genders. We know one in three women experience sexualized violence, but one in six men do as well. We know that non-binary and LGBTQ2I+ folks face disproportionate levels of sexualized violence.
We are truly fortunate to have the Victoria Sexual Assault Centre since it is Canada's only integrated sexual assault clinic. The clinic provides survivors of all genders access to trauma-informed medical and forensic exams, police interviews and crisis support, all in one safe, accessible and culturally sensitive, confidential location.
The availability of this survivor-centred care means that the vast majority of survivors in my riding will never need to go to a hospital or police station to get the care they need. When the clinic opened, the number of emergency responses more than doubled, meaning twice as many survivors were able to access emotional support, preventative medication and options for police reporting. The number of supported police interviews rose by 400%. All of this took place while diverting 280 people from the emergency room and reducing costs for other service providers.
However, the clinic has no dedicated or secure sources of funding. It relies entirely on one-time grants, and the service will be extremely vulnerable in the coming year and a half. The bill is a step in the right direction, but we also need to ensure that comprehensive support services are available for all survivors. There is so much work to do, and I am hopeful we can take this important small step forward quickly.
Judges need training to challenge the false stereotypes about sexual violence that permeate our society. We have seen too many appalling examples in recent years showing that some judges continue to hold false stereotypes about women and sexualized violence. These biases discourage all survivors from coming forward in the first place and create barriers for survivors who do so in seeking justice through the legal system.
Trauma is complex, and judges need to understand survivors' perspectives and the impact of the criminal justice system on survivors of sexual assault. The training needs to be culturally informed and relevant to the unique needs of vulnerable and marginalized populations. Some groups face disproportionately higher rates of sexual violence, and many groups face very specific barriers in seeking help from law enforcement agencies and the justice system. They include those from northern, rural and remote communities, sex workers, people who are trafficked, LGBTQ+ people, indigenous women, immigrant and refugee women and women with disabilities.
The bill could be improved at the justice committee by making sure that seminars related to sexual assault are developed in collaboration with these groups and by specifically bringing the bill within the Truth and Reconciliation Commission's call to action no. 27. We can also ensure it is in line with the calls to action from the missing and murdered indigenous women and girls report.
There is a clear benefit to ensuring that judges are well informed not only about the laws that pertain to sexual assault but also about the physical, mental and emotional impacts of sexual violence on survivors and how those affect decision-making, behaviour, ability to recall and so much more. Building confidence in our courts would make more victims feel empowered to come forward.
The message sent to survivors by the Senate when it refused to pass the bill in its former iteration in the last Parliament was dismissal, a dismissal of the idea that what happens to victims of sexual assault matters, a dismissal of survivor needs and a dismissal of the real barriers they encounter. This message is reinforced throughout our whole judicial system.
Supporting this legislation sends a message to survivors that their elected members of Parliament are standing up for them and are committed to doing the work necessary to support them. We recognize the stigma and barriers they face and are working hard to give them a reason to have more confidence in our system.
View Kamal Khera Profile
Lib. (ON)
View Kamal Khera Profile
2020-02-19 17:35 [p.1277]
Madam Speaker, I will be sharing my time with the member for Moncton—Riverview—Dieppe.
It is an honour for me to speak to Bill C-5. As members know, if passed, this proposed piece of legislation will amend the Judges Act and the Criminal Code to require newly appointed provincial superior court judges to participate in training on sexual assault and the social context in which it occurs. Judges are expected to apply the law in a manner that is respectful of the dignity of survivors. Training on sexual assault law and the social context in which the sexual assault occurs will help to ensure that they have a full understanding of the complex nature of sexual assault when presiding over such cases.
This proposed legislation will also require judges to provide written reasons for their final decisions in sexual assault matters. Doing so will improve the transparency of judges' decisions.
It is noteworthy that only 5% of sexual assaults in this country get reported. Bill C-5 would give us an opportunity to strengthen our criminal justice system and give survivors of sexual assault and all Canadians more confidence in our system.
Today I will use my time to demonstrate how this legislation could build the confidence of survivors of sexual assault, as well as their families and loved ones, in our criminal justice system, and help survivors feel more comfortable in reporting these crimes to the police.
Sexual violence is a widespread problem in Canada. It is one of the most under-reported crimes. As I stated earlier, only 5% of sexual assaults in Canada are reported to the police.
I would like to elaborate on the social context. Brampton, especially in my own riding of Brampton West, is one of the fastest-growing populations in Canada. More interestingly, the majority of Brampton's residents are visible minorities. Violence, whether it is sexual assault or other forms of domestic violence, is massively under-reported. Due to the stigma of sexual violence, racialized women are even more reluctant to seek help. This is even more true for indigenous girls and women, women with disabilities and LGBTQ2 community members.
Many factors can influence whether or not survivors will report that they have been sexually assaulted, such as the fear of being blamed or not being believed, concerns over retaliation from their attacker, anxiety of having their personal lives publicly judged and the fear of judicial error. These are just some of the factors and truths of the society we live in.
These factors are exacerbated in marginalized communities. Such barriers transcend but can also be compounded by intersectionalities of one's gender, age, class, disability and ethnicity. That is why the social context is so necessary.
Myths and stereotypes about sexual assaults are also dangerous and can have substantial negative impacts on whether a survivor will report. They also negatively impact whether there can be a trial that is fair to the accused, the victim and society at large.
Undeniably, a lack of confidence in the criminal justice system is one of the significant reasons that survivors do not come forward.
For those who do report the crime, they often tell us that they are re-traumatized by the process. As myths and stereotypes regarding sexual assault continue in the justice system, scrutiny about what the survivor did or did not do instead of the actions of the accused often determine the outcome of a case. This dehumanizing process, along with a lack of adequate supports and resources, can revictimize and further traumatize those who have experienced sexual violence.
In spite of the progress we have made, the criminal justice system is still a source of further distress and humiliation for survivors of sexual assault. Sexual violence is a crime that robs people of their choice, strips them of their bodily and sexual integrity and undermines their dignity and psychological well-being.
The impact of sexual assault is still not well understood in society, and rape myths are still common and persist throughout the justice system. For example, in today's society, there is a disturbing misguided belief that survivors of sexual violence often falsify sexual assault reports.
There is also a mistaken belief that sexual assault is just consensual sexual activity that “went too far” or “got out of hand”. There is a persistent myth that if it were a “real” sexual assault, the survivor would have fought back or tried to get away. There is a misconception that a survivor should be able to recount every detail in a linear and organized sequence.
Neuroscience research about trauma provides evidence that what might appear to be an inconsistency in a way a victim reacts or how the victim recounts the incident can actually be a typical, predictable and normal way of responding to and coping with a traumatic event. Understanding this can change the way we view the person's credibility and reliability.
Thankfully, we are now starting to have a better scientific and psychological understanding of the different reactions that survivors have to traumatic events like sexual assault, including the impact of trauma on behaviour and memory. We also now understand that intergenerational trauma is a very real consequence of violence, which not only hurts individuals and their families, but also impacts communities as a whole. That is why training and awareness can help us to be fairer and more consistent in understanding how survivors react in sexual assault cases.
Navigating the criminal justice system can be extremely difficult for survivors of sexual assault. They must feel confident that they will be treated fairly and with dignity. With education and training on sexual assault and the social context in which it occurs, as well as its impact on survivors, we can help build a better criminal justice system in which people feel more confident in reporting sexual assaults and stay engaged throughout the criminal justice process.
Sexual assault is a form of gender-based violence and is one of the most under-reported crimes in Canada. With Bill C-5, we are building on our federal investments to prevent and address gender-based violence.
In 2017, we launched It's Time, Canada's strategy to prevent and address gender-based violence. This is the first strategy of its kind. It invests over $200 million in federal initiatives to prevent gender-based violence, support survivors and their families, and promote responsive legal and justice systems. Today, Bill C-5 forms part of the larger response to the issue of gender-based violence.
Judges are trained to be impartial and unbiased and to have a thorough understanding of the law. Given that they are the individuals responsible for delivering justice, it is in everyone's interest to fill any gaps in their training. Bill C-5 would make it mandatory for all newly appointed provincial superior court judges to participate in continuing education in sexual assault law and social context. This will help ensure the superior court judges have a full understanding of the complex nature of sexual assault when presiding over such cases.
Canadians need to have confidence that the judge in front of them is not influenced by myths and stereotypes in the judge's application of the law and that the judge understands the impacts of the trauma. Survivors also need to have confidence that the decision rendered in their case will be well reasoned and not influenced by biases and misconceptions.
This bill would help us move toward a higher level of confidence we must achieve. It would help empower women to work toward alleviating institutional oppression faced by women, including indigenous women, racialized women and women with disabilities, as well as members of the LGBTQ2 community.
I strongly encourage all members of this House to recognize the importance of Bill C-5 and to support it. Together we can continue to strengthen Canada's criminal justice system and give survivors of sexual assault and all Canadians more confidence in our justice system. Let us seize the opportunity to create a safer and more responsive justice system for all those who have experienced sexual violence and provide a better future for families, communities and all Canadians.
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