2. Opening Remarks

Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying)

Senate Committee of the Whole

Minister of Justice

March 8, 2023

It is with great pleasure that I speak today to Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying), which I introduced in the other place on February 2, 2023. I want to start by briefly noting that I think that the speed at which this Bill has made its way here reflects its importance.

Bill C-39 proposes to extend for one year, or until March 17, 2024, the period of ineligibility to receive medical assistance in dying (or MAID) in circumstances where the only medical condition identified in support of the request is a mental illness. Without this legislative change, MAID in these circumstances will become lawful in a few days, on March 17, 2023. Should this Bill not be enacted by then, the existing eligibility criteria and safeguards for MAID requests where death is not reasonably foreseeable would be applicable to MAID requests based only on a mental illness.

I believe that a one-year extension of the mental illness exclusion is needed to ensure the safe assessment and provision of MAID in these circumstances. An extension would support healthcare system readiness by providing more time for the dissemination and uptake of key resources by the medical and nursing communities. It would also provide more time for the federal government to meaningfully consider the final report of the Special Joint Committee on MAID, which was recently tabled on February 15, 2023.

This comprehensive final report contains, amongst other things, recommendations and further insight into the assessment and provision of MAID where a mental illness alone forms the basis of the request for MAID. I am carefully considering these findings along with the Ministers of Health and Mental Health. We remain committed to continuing to work with our provincial and territorial partners to ensure that our MAID laws respect the autonomy of individuals, while protecting those who may be vulnerable.

I want to take a moment to briefly discuss the Charter. MAID involves a number of competing interests and societal values. The Supreme Court of Canada has acknowledged the difficulty of legislating in this area, and in balancing the perspectives of those who seek MAID and those who might be at risk in a permissive regime. Whether to permit MAID on the basis of a mental illness alone is a difficult question that can be answered in different ways, in conformity with the Charter. In our system, it is ultimately the responsibility of the Supreme Court of Canada to determine whether laws enacted by Parliament respect the Charter. For my part, I must be satisfied that government bills are consistent with the Charter, and I am. The Charter considerations relating to extending the period of ineligibility to receive MAID on the basis of a mental illness alone for one more year, and of permitting MAID on this basis once that extension expires, are set out in the Charter Statement that was tabled on February 15, 2023.

I want to be clear that Bill C-39 does not propose to walk back the eventual eligibility for MAID on the basis of a mental illness alone. Parliament decided two years ago that eligibility for MAID should be expanded in this way, and I do not intend to change that. I do however believe that more time is needed to ensure that MAID can be safely assessed and provided in all circumstances where the sole underlying medical condition is a mental illness.

I believe that a one-year extension strikes the right balance between expanding eligibility for MAID in this manner as quickly as possible, and ensuring that it is done in a prudent and measured way. I am confident that one year will provide sufficient time for the dissemination and uptake of key resources to medical and nursing communities to support healthcare system readiness, and for the federal government to meaningfully consider important reports like that of the Special Joint Committee on MAID.

I look forward to answering your questions.

Thank you.