After a tense few weeks, Bill C-14 has passed and received Royal Assent in the House of Commons on June 17. There is now a legislative framework for medical assistance in dying and the interim court approval process that was established to manage requests is no longer available or necessary to access the assistance.
There was much debate surrounding the drafted legislation and whether it complied with the Supreme Court of Canada’s ruling in the Carter case. The Senate engaged in lengthy debates on various elements of the Bill for more than two weeks, in what Liberal Senator Mobina Jaffer described as uncommon cooperation “between senators of all stripes”, due to the subject matter. The Senate suggested several amendments, some of which were accepted by the government. The Bill’s restrictive eligibility criteria, however, was not altered, despite being heavily scrutinized by the Senate as well as advocates such as the BC Civil Liberties Association and the Carter family, and other legal experts across the country; deemed to be noncompliant with the Charter rights outlined in the Carter case. This means in the wording of the legislation, and among other criteria, natural death must be “reasonably foreseeable” in order for someone to be considered eligible for medical assistance in dying.
The federal government will initiate an independent review to study the legal, medical and ethical issues surrounding medical assistance in dying for people with mental illnesses
The federal government will initiate an independent review to study the legal, medical and ethical issues surrounding medical assistance in dying for mature minors and people with mental illnesses.
The Ontario government has established a referral service to connect doctors who are unwilling or unable to participate in providing medical assistance in dying with other doctors who are able to do so. The government will also propose amendments to provincial legislation to affect the implementation of this new law.