Physician-assisted dying legislation should apply to all Canadians, Commons-Senate committee hears

A special Commons-Senate committee heard from expert witnesses in Ottawa today who saidnew physician-assisted dyinglegislation should apply to all Canadians.

The special committee has until Feb. 26 to hold public consultations and report back to the government with recommendations.

Five senators and 11 MPs including six Liberals, three Conservatives and two New Democrats form the committee.

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Parliamentarians heard from Peter Hogg, a constitutional lawyer, who said thefederal government shoulddraft a law that would cover all Canadians even if their home province or territory doesn't enact its own legislation,

Hogg cautioned the government not to focus too much onfederal-provincial jurisdiction, but rather ensure that safeguards are in place that would protect the rights of all Canadians.

"Agonizing over the exact boundaries between provincial and federal power ... is not really necessary," said Hogg, a scholar in residence with the Toronto business law firm of Blake, Cassels & Graydon.

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Parliamentarians hear from Health officials supporting previous reports calling on the government to avoid "a patchwork approach" in drafting legislation.

Quebec is the only province that has enacted end-of-life care legislation.

"It's very important to recognize that there's no guarantee that all provinces will enact statutes. So you have to design a law that can be effective throughout the country even on the assumption that there is no provincial law or territorial law in part of the country," Hogg said on Monday.

"If Parliament does not enact a law that could be operated in a province where there is no law, the people in that province could be deniedphysician-assisted dying which the Supreme Court has said they have."

"What you have to do is design a set of safeguards that could work even if a province did nothing," Hogg said.

Quebec law called'restrictive'

Lawyer Jean-PierreMnardsaid that Quebec may have to updateits legislation which the province enacted beforethe Supreme Court ruled in the case of Carter v. Canada.

"The law in Quebec is more restrictive than what the Supreme Court allows under Carter,"Mnard said in French when he appeared by videoconference before the joint committee.

"It's clear that Quebec will have to review its law to ensure that it's in perfect alignment with the Canadian Charter of Rights and Freedoms and the principles under Carter," he said.

In an interview Monday onCBC News Network'sPower & Politics,Liberal MP RobertOliphant, jointchair of the committee, spoke about the testimony the committee heard today.

"We don't think right now the Quebec legislation may even be enough to meet theSupreme Court's threshold. There may be some revision in that law to make sure it meets that threshold."

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Rob Oliphant, co-chair of a House-Senate committee on assisted dying, discusses the goals of his committee and the short timeline to draft assisted dying legislation

Oliphant acknowledged there is some pressure on parliamentarians to be thorough and complete their work on time.

"There are also Canadianswho want us to hurry. They're facing the end of their life and they're attempting to find a way to ensure they die with integrity and dignity. So the pressure is on us to get our work done."

The joint committee was appointed by the Liberals to review the final report by theexternal panel on options for a legislative response to Carter v. Canada.

Thereport was madepublic on Jan. 18, following six months of work by members of the panel, which the previous government appointed in July.

Avoid creating a 'patchwork approach'

Parliamentarians also heard fromthe federal Department of Health who supported previous reports calling on the government to avoid creating "patchwork approach" when drafting new physician-assisted dying legislation.

"From a federal perspective, a reasonable degree of consistency across provinces and territories would support the underlying values of the Canada Health Act, that is that all Canadians should have comparable access to needed healthcare services without barriers associated with financial means or geography," said Abby Hoffman, assistant deputy minister of strategic policy with the Department of Health.

"A uniform regime would also provide greater certainty for providers and help to avoid people seeking physician-assisted dying in another jurisdiction because it is not available or only available under more restrictive conditions in their own home province or territory.

"More importantly, it would provide reassurance to eligible Canadians that no matter what their means or where they live, the option of physician-assisted dying is available to them," Hoffman said.

Monday's special jointcommittee also heardfrom:

• Sharon Harper, manager withthechronic and continuing care division of theDepartment of Health.
• Marc Sauv, director of research and legislation services with theQuebecBar.

The committeeis scheduled to meet behindclosed doors Monday evening, from 5:30 p.m. to 7:30 p.m.

Tuesday's public hearings are scheduled for 5:30 p.m.