OTTAWA -- Health Minister Jane Philpott admitted on her way into question period that the government is at risk of not passing its assisted dying legislation in time to meet a Supreme Court-imposed deadline.
Bill C-14 is approaching its third and final vote in the House. After its second reading Monday, the bill received 192 votes in favour and 129 against.
But it’s unlikely to speed through the Senate in time to make the Supreme Court-imposed June 6 deadline.
"We are at risk of not meeting the June 6th deadline. Having said that, it is my hope that we can see this piece of legislation put into effect at the very soon as possible date," said Philpott, a physician.
The Liberal government has imposed time allocation on the legislation, limiting the remaining debate to less than a day in a bid to avoid leaving the country without a specific law on the issue. The Supreme Court initially gave the government a year to craft a law that complied with its 2015 ruling, which found a full ban on assisted dying was unconstitutional. The court later extended the deadline by four months.
The Liberals say missing the deadline will leave the country with legal gaps, but critics who want more time for debate say the court’s ruling is specific enough that it won’t pose a problem.
New Democrat justice critic Murray Rankin says the government has plenty of time to pass the legislation before the House rises for the summer, and says he doesn't understand the urgency when the medical regulatory bodies have put in place guidelines for their professionals.
"I don't understand why the government is insisting on passing a bill which so many of their own members acknowledge is unconstitutional and doesn't do the job," Rankin, a lawyer, said at a press conference Monday morning in Ottawa.
"The Liberals, with respect, have bungled this entire process. Not only have they rushed through legislation that is unconstitutional, they have refused to listen to any suggestions for substantive amendments to get it right. They've refused to listen to expert testimony. They've refused to listen to MPs."
The government struck a committee to study the controversial issue, but C-14 eschews several of the recommendations in the committee’s final report, including that medically assisted dying be available to mature minors and to those who want to consent in advance, like in cases where their conditions will deteriorate their capacity to consent. The legislation also limits assistance to those whose natural death is "reasonably foreseeable." The Liberal MP who chaired the committee, Rob Oliphant, says he won’t support the government’s bill.
A Senate committee that pre-studied the bill has also said it will be hard-pressed to support the bill without amendments. Both Conservative and independent Liberal senators want to see major changes made.
Inside the House, Philpott urged MPs to vote in favour of the legislation.
"Without legislation in place, health-care providers will not have the legal framework that they require to proceed," she said.
"They will be advised to seek legal consult. This will cause serious problems in accessing [care]. Not only that, the Canadian Pharmacists' Association have made it clear that there will be no protection for pharmacists to dispense medication. We need to get this legislation in place as soon as possible."
A spokesman for the Canadian Pharmacists' Association, however, said while the legislation would bring clarity "from a national perspective," pharmacists would be protected regardless.
"Our understanding is that there are no longer criminal provisions around assisted dying so pharmacists would not be held criminally responsible for participating in medically assisted dying," said Phil Emberley, director of professional affairs at the CPhA.
Rankin says the Supreme Court decision, known as Carter after the woman who started the legal challenge, provides all the criteria for determining who's eligible for medically assisted dying.
"The provinces are now prepared and have already released guidelines for their physicians. We have the time we need to fix this," Rankin said in question period.
