Senate removes near-death requirement from assisted-dying bill

The Senate has delivered a setbackto the Liberal government's assisted-dying bill by voting to amend a key part of the bill that defines who can obtain death with the help of a doctor.

• Nix or amend right to die bill, says family of Kay Carter
• 'Rushed' assisted-dying legislation to face strong opposition in the Senate

Liberal Senator Serge Joyal argued that the eligibility should be broadened so all Canadians with "a grievous and irremediable medical condition" causing "enduring suffering" can access an assisted death, not just those whose death is "reasonably foreseeable."

His motion would effectivelyreplacethe language of the bill with that of the SupremeCourt decision

The motion to remove the near-death criteria passed with a vote of 41-30 late Wednesday night.

"It is upon us to make sure this bill complies with the criteria of [the Carter decision]," Joyal said. "It is so clear."

Senator George Baker on C-14: 'this could go on for weeks or months'

8 years ago

Duration 8:24

The independent Newfoundland & Labrador senator is sponsoring the government's Bill C-14 in the Senate.

The amendment was strongly supported by James Cowan, the Senate Liberal leader.

"We can't exclude people tomorrow who were granted a right under Carter," he said. "We cannot restrict medical assistance in dying below the threshold of the Supreme Court of Canada."

A number of senators, including Conservative Linda Frum, spoke in favour. She described how hard it was to watch her mother, former CBC broadcaster Barbara Frum, die.

She told her colleaguesyou can have a love of life and still support someone else's access to physician-assisteddeath.

"I do believe there are fates worse than death," said Frum.

Long debate

Senators debated the amendment'smerits for close to six hours.

Independent Senator John Wallace said he's concerned about the "normalization of suicide." It was echoed by LiberalTerry Mercer, who pointed to areas likeAttawapiskatand Woodstock, Ont., struck by a rash of youth suicides.

"Maybe we're counselling and abetting people to commit suicideand are in contravention of those laws?" he asked. "I think that caution needs to be used. I also wrestle with the fact that we can't put the toothpaste back in the tube here."

Independent Anne Cools came out against the amendment, saying it was too broad.

"This house is under no obligation to be obedient of Carter," she said. "We have to look at a broader and more expansive set of facts. This is an extremely weighty matter and it's creating a lot of fear in many of us. I know a lot of doctors who are apprehensive."

SenatorPeter Harder, the government representative in the Red Chamber, argued the bill is charter compliant and said the rewording"largely guts the bill."

Impasse in House of Commons?

The amended bill could face a standstillonce it returns to the House of Commons.

Speaking to reporters on Wednesday afternoon, Justice MinisterJodyWilson-Raybouldsaid her government worked "incredibly hard" on BillC-14and has found a balance betweenpersonal autonomy and protecting the vulnerable.

"It's a first step. This is going to be a discussion that goes on for years to come, a necessary discussion, but the balance that we've fought for and sought so concertedly and comprehensively is reflected in BillC-14," she said.

Wilson-Raybouldsaidremoving "reasonableforeseeability," would require the government to add more safeguards.

In anticipation, Conservative Senate leader Claude Carignan is set to introduce an amendment that would impose an additional safeguard, requiring a judge to sign off on an application for assisted dyingby anyone who is not close to death.

It is to be debated and voted upon separately.

More amendments to consider

Joyal's amendment isn't the only change on the table.

Because of the emotional and divisive nature of Bill C-14, the Senate's legal and constitutional affairs committee decided to buck its usual procedure of recommending amendments to the Red Chamber.

Instead, all senators can propose amendments during debate on the third and final reading of the bill on Wednesday.

To help move the debate along, the amendments have been bulked into four categories: safeguards; advance directives; regulations; and eligibility.

Liberal Senator George Baker, who is sponsoring the bill in the Senate, predicts there will be "many, many" amendments proposed.

BillC-14passed in the House of Commonsand was sent tothe Senate on May 31, just days ahead of the Supreme Court's June 6 deadline for federal assisted dying legislation.

Follow the Senate amendmentshere.