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Add a filter on Committee Evidence - PDAM-5
Committee Evidence - PDAM-5
2016-01-26
Hon. Kelvin Kenneth Ogilvie - 18:24
Hon. James S. Cowan
2016-01-26 18:25
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Thank you.
Thank you for being here, and thank you for the work you've done.
I want to return briefly to the question that Mr. Rankin asked you earlier with regard to the proposition that Professor Hogg put to us yesterday. I want to get your view as a lawyer and constitutional scholar as well about the authority that the Canada Health Act gives to the Parliament of Canada to act and to move in areas if the provinces or territories do not act.
I think what Professor Hogg was saying was not that we should assume that the provinces wouldn't act, but that we cannot assume that all of them will act and that all of them will act in a way that is consistent with Carter.
Does the Canada Health Act give this Parliament the authority to act in that situation?
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Federal-provincial-territorial relations
Liberal Caucus
Medical assistance in dying
Senator
Benoît Pelletier - 18:26
Hon. James S. Cowan
2016-01-26 18:27
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To assure equality of access and opportunity, if that's the proper term—
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Liberal Caucus
Medical assistance in dying
Senator
Benoît Pelletier - 18:27
Hon. James S. Cowan
2016-01-26 18:27
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—there is a responsibility on the part of the federal Parliament.
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Liberal Caucus
Medical assistance in dying
Senator
Benoît Pelletier - 18:27
Hon. James S. Cowan
2016-01-26 18:28
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We're both going to be cut off here in a minute, but if I could just say this, I think Professor Hogg's answer to that was equivalency, meaning that there could be a declaration of equivalency if a province came up to a certain standard, even if they did it in a slightly different way. Would you agree with that?
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Federal-provincial-territorial relations
Liberal Caucus
Medical assistance in dying
Senator
Benoît Pelletier - 18:28
Hon. James S. Cowan
2016-01-26 18:28
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It initially has to be amended accordingly.
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Liberal Caucus
Medical assistance in dying
Senator
Benoît Pelletier - 18:28
Hon. Kelvin Kenneth Ogilvie - 19:00
Hon. James S. Cowan
2016-01-26 19:00
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Thank you for being here, and thank you for your work.
In Carter, the terminology used was “grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual”. Do you see any reason to distinguish between mental illness and physical illness?
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Liberal Caucus
Medical assistance in dying
Mental health
Senator
Terminal illnesses
Terminology
Maureen Taylor - 19:01
Hon. James S. Cowan
2016-01-26 19:02
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The courts have been very clear on that.
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Liberal Caucus
Medical assistance in dying
Senator
Maureen Taylor - 19:02
Hon. James S. Cowan
2016-01-26 19:02
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I have one more question.
There's the business of conscientious objection. Nobody is trying to force anybody to participate in this process. That protects the practitioner, whether they're a physician or another medical professional. The corollary of that, in looking at it from the point of view of the patient, is how we ensure that there is what I would call an effective referral. That means something more than simply saying, “I can't be involved in this. You're on your own. Go and look it up on the Internet. Go call the medical society, and they may be able to help you”. Don't you agree that we need to design a regime that ensures there is a more effective referral than that?
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Health services accessibility
Liberal Caucus
Medical assistance in dying
Senator
Jennifer Gibson - 19:03
Jennifer Gibson - 19:03
Hon. James S. Cowan
2016-01-26 19:04
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That's the role of the regulatory authorities, the colleges of physicians and such?
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Liberal Caucus
Medical assistance in dying
Senator
Jennifer Gibson - 19:04
Hon. James S. Cowan
2016-01-26 19:05
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Exactly. Can I just make sure that your comments would also apply to institutions?
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Liberal Caucus
Medical assistance in dying
Senator
Jennifer Gibson - 19:05
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