Assisted-dying bill discriminates: Senator James Cowan

Nova Scotia Senator James Cowan, leader of the Independent Senate Liberals, says Bill C-14 discriminates against people with mental illness seeking medically-assisted death.

"Unless you're terminally ill you will not have access to this medical aid in dying and I think that's wrong," Cowan told CBC Radio's Mainstreet.

"There are lots of people who suffer from mental illness but are certainly competent to make decisions about their own lives and make their own choices."

Cowanwas one of a number of senators who wanted to make changes to the controversial assisted-dying bill. Eventually he said the majority of the Senate agreed not the pursue the matter further. Bill C-14passed on May 31.

Mental illness vs. physical illness

"We're talking about grievous and irremediable conditions. We're not talking about people who just have a bad day," said Cowan.

"I don't think that we should discriminate against people because they happen to have a mental illness rather than a physical illness."

The senator said there are safeguards in the bill to protect people from undue influence from others.

"What we're trying to achieve here is to guarantee the right that the Supreme Court of Canada said that Canadians who meet certain criteria have to apply for it. It's their choice. It's not somebody else's choice," said Cowan.

Cowansaid an "elegant way" to resolve the dilemma would have been to "send that bit dealing with eligibilityto the Supreme Court of Canada to have it determined." He thinks Bill C-14 will be challenged again.

"I think there will be challenges to the bill, to the constitutionality to the bill that it excludes those who are suffering if they are not terminally ill," said Cowan.

"I think that this bill takes away rights that were granted unanimously by the Supreme Court of Canada and that's what I was fighting to get changed."