Quebec's assisted dying law will proceed as scheduled, pending Appeal Court hearing - Action News
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Quebec's assisted dying law will proceed as scheduled, pending Appeal Court hearing

Quebec will go ahead with its medically assisted dying law tomorrow, as planned, after Quebec's highest court agreed to hear an appeal of the Superior Court decision which suspended the law.

Quebec's highest court to hear arguments on Dec. 18 after province appeals suspension of right-to-die law

A close-up of two people holding hands - one person being a patient in a hospital bed.
Health Minister Gatan Barrette said Quebec's health system is ready to begin implementing the province's medically assisted death statutes on Dec. 10. (Chris Kreussling)

Quebec willgoahead with its medically assisted dying lawtomorrow, as planned.

Health Minister Gatan Barrette confirmed that will happenaftera decision by the Quebec Court of Appeal Wednesday afternoon.

"Bill [52], as we know it, will go into effect starting tomorrow, Dec. 10," Barrette said.

Barrette said the law will remainin effect at least until Dec. 18, when the Court of Appealwillhear argumentsfrom all sides on last week's decision by the Quebec Superior Court which suspended key aspects of the new law.

Quebec government lawyers had sought permission to appeal that decision by Justice Michel Pinsonnault,whoruled the lawcontradicts provisions of the Canadian Criminal Code when it comes to medically assisted suicide.

"The ruling that we have received today is a ruling that states that the decision [to suspend the law]... is suspended.That means that as of tomorrow, Bill [52] will be implemented fully," Barrette said.

Quebec's legislationwas adopted94-22by members of the province'sNational Assembly in June 2014. There wereno abstentions.

Quebec is ready: Barrette

Barrette offered assurances that Quebec's health system is readyto implement doctor-assisted dying.

"I want to assure the population and [professional medical staff]that all the steps are in place for it to happen," he said.

"I want to reassure the population that in terms of access on all kinds of end-of-life care, we're ready."

The health minister also saidQuebec's law is in line with Canada'sCriminal Code.

Responsibility to protect

Prior to Barrette's confirmation that Quebec would move ahead with putting Bill 52 into effect,Prime Minister Justin Trudeau said that care had to be taken to ensure that Canadian law is respected.

"It's important that we do it right. It is also important that we respect the law and respect the protection of peoples' lives, and that is what we're going to do," Trudeausaid.

"We want to deal with this in a responsible way, and we're working with Quebec to ensure that happens."

'The will of the people has not been heard'

Barrette and Justice Minister Stephanie Valle haveboth argued the law is perfectly valid.

Following the Superior Court ruling last week,Vallesaidthe provincial law has nothing to do with the Criminal Code it's about health care.

"We think the will of the people has not been heard at this time," Barrette said earlier.

On Wednesday, Vallesought to reassurethe province's doctors that they would be protected if they help patients to die.

Valle said Quebec's director of penal andcriminal prosecutions would be ordered to respect the wishes of people at the end of their liveswho request amedicallyassisted death.

TheQuebec-based Coalition of Physicians for Social Justice and Lisa D'Amico, a disabledwoman, had sought an injunction from the Quebec Superior Court to prevent Bill 52 from taking effect on Dec. 10.

Justice Pinsonnault didn't issue the injunction, however.He based his ruling on the federal government's argument thatQuebec's law issuperceded by the federal Criminal Code provisions which make medically assisted dying illegal.

Those Criminal Codeprovisions were struck down by theSupreme Court ruling last February. In an unanimous decision, the court ruled inthe Carter decisionthat Canadians with unbearable suffering should be allowed to end their lives with the aid of a physician, and it gave Parliament one year to enact new laws.

That year will be up next Feb.6.Ottawahas asked the Supreme Court of Canada to give it another six months to make the changes.

Better palliative care needed, group says

PaulSaba, headof the Coalition of Physicians for Social Justice, told CBCthe province needs to do more to provide care for its most vulnerablecitizens rather than help them die.

"True caring is providing people with the care they need and not a lethal injection," he said last week.

Corrections

  • An earlier version of the story stated that Quebec's legislation was adopted unanimously. In fact, it passed 94-22.
    Dec 09, 2015 8:44 PM ET

with files from The Canadian Press