A leading advocate for doctor-assisted dying says Bill C-14, the federal government’s legislation addressing the issue, needs to be altered to comply with the rights and freedoms of Canadians -- or be abandoned altogether.
“There are some good aspects to this bill, but there are a lot of problems with the bill as well,” Shanaaz Gokool, CEO of Dying with Dignity Canada, told CTV’s News Channel on Sunday.
Among those shortcomings, she said, is that the bill does not include those with mental suffering or those suffering from a non-terminal illness.
“This piece of legislation only speaks to people who are imminently dying or terminally ill and for that reason it does not meet the minimum standard of the Carter decision,” Gokool said. “It needs to be amended or abandoned.”
The Supreme Court delivered the landmark decision in the February 2015 Carter v. Canada case, which challenged the illegality of assisted suicide as contrary to the Canadian Charter of the Rights and Freedoms.
In its ruling, the court said that a competent adult suffering from a “grievous and irremediable medical condition” that causes “intolerable suffering that is enduring” can request a physician’s help in ending their life.
“It’s a bit disappointing, to say the least, that our current government hasn’t fulfilled those two promises and we’re now looking to the Senate to ensure that the legislation is in compliance with the Carter decision and the Charter of Rights and Freedoms,” Gokool said.
Legislation will miss June 6 deadline
Justice Minister Jody Wilson-Raybould first tabled the bill in the House of Commons in April.
On Friday, senators approved the bill in principle, but adjourned until Tuesday. That means the legislation will miss the June 6 deadline set out by the Supreme Court at the time of the ruling, despite Prime Minister Justin Trudeau’s optimism that the bill would make it through both chambers in time.
While senators still have an opportunity to recommend changes to the legislation, Gokool said she and other advocates are disappointed the House of Commons didn’t ensure it reflected the Supreme Court ruling.
“It’s kind of unbelievable in many ways that we’re relying on the unelected government body in the Senate to do the job that the House of Commons should have done, which is to ensure that any legislation that goes forward meets the Supreme Court of Canada’s decision, but also that it complies with the Canadian Charter of Rights and Freedoms,” she said.
Bill C-14 is still awaiting a committee review and a third reading by the Senate before it can become law.
