Prime Minister Justin Trudeau speaks during a press conference following a cabinet swearing in ceremony at Rideau Hall in Ottawa on July 18, 2018. THE CANADIAN PRESS/Justin Tang

Prime Minister Justin Trudeau speaks during a press conference following a cabinet swearing in ceremony at Rideau Hall in Ottawa on July 18, 2018. THE CANADIAN PRESS/Justin Tang

Trudeau pressed to ensure less restrictive assisted-dying law a priority

Group wants death in the ‘foreseeable future’ to not be a requirement

Even before he swears in his new cabinet, Justin Trudeau is being urged to ask his new justice minister to move swiftly to make Canada’s assisted-dying law less restrictive.

The prime minister has said he’ll comply with a September court ruling that struck down as unconstitutional the requirement that only those near death can qualify for medical help to end their suffering.

In her ruling, Quebec Superior Court Judge Christine Baudouin gave the government six months — until March 2020 — to amend the law, although the government could seek an extension.

Dying with Dignity Canada is urging Trudeau, who is to unveil his new cabinet on Wednesday, to ensure whomever he appoints as justice minister will give priority to amending the law — and go further than the ruling demands.

For starters, the group wants the government to get rid of the requirement that a person’s natural death must be reasonably foreseeable in order to qualify for a doctor-assisted death. That is the provision struck down by Baudouin.

But it also wants the government to drop the stipulation that someone must be able to give informed consent twice: once when they request the procedure and again immediately prior to receiving it.

The requirement to give consent a second time has stripped some people, who’ve been approved for an assisted death, of their ability to follow through after their condition deteriorated and they lost the capacity to give last-minute consent.

In other cases, people who feared losing capacity have refused brain-fogging pain medication or have been forced to receive a doctor-assisted death sooner than they wanted.

Dying with Dignity Canada has been lobbying hard for an end to the second consent requirement.

They are calling for ”Audrey’s amendment” in memory of Audrey Parker, a Halifax woman who was suffering from terminal breast cancer that had metastasized to her brain. She had been approved for an assisted death but ended her life earlier than she had originally wanted last fall because she feared she was losing mental capacity.

READ MORE: Chilliwack woman wins right to medically assisted death after three-year court battle

“We would like to see (these changes) high on the list of priorities because there are real cases of real people who are waiting for this to happen,” said Jim Cowan, a former Liberal senator who is now chair of the Dying with Dignity Canada board.

Longer term, the group wants the government to change the law to allow people to make advance requests for an assisted death but Cowan suspects the government will want more time to debate that.

The issue must be dealt with, in any event, under the legally required parliamentary review of the assisted dying law that must be launched by next June.

The review must also deal with two other issues left unresolved in the 2016 legislation: whether it should apply to mature minors and those suffering solely from mental illnesses.

Dying with Dignity Canada is urging the government to include it in preparing for the review. Cowan noted that the group has a lot of data and personal stories about how the law has worked and “where the difficulties lie.”

Cowan declined to comment on who his group might like to see as justice minister.

However, it’s likely that Dying with Dignity Canada and other groups advocating for a less restrictive law would prefer to see Montreal MP David Lametti remain in the post.

They were thrilled when Trudeau plucked Lametti from the backbenches last January to take on the justice portfolio. He was one of just four Liberal MPs who had voted against the Trudeau government’s 2016 legislation that legalized medical assistance in dying.

The former law professor had argued the law was too restrictive and did not meet the eligibility criteria set out by the Supreme Court in a landmark 2015 ruling that struck down the prohibition on doctor-assisted death — an opinion eventually echoed by Baudouin.

The law was originally spearheaded by former justice minister Jody Wilson-Raybould, now an Independent MP, who rejected calls for changes even in the face of anguished pleas from Parker and others.

During the recent election campaign, Trudeau, NDP Leader Jagmeet Singh, Bloc Quebecois Leader Yves-Francois Blanchet and Green Leader Elizabeth May all agreed that the government should comply with Baudouin’s ruling. Conservative Leader Andrew Scheer said he’d appeal it.

Trudeau’s Liberals won a minority of seats in the House of Commons and will need the support of either the NDP or the Bloc to pass legislation — which should be relatively assured in the case of amendments to the assisted-dying law.

“We support Dying with Dignity Canada’s call for the government to re-examine this law,” NDP MP Don Davies said in a statement Monday.

“The recent court ruling in Quebec highlights the problem with the current … rules and as Jagmeet Singh mentioned during the last campaign, we are committed to improving the law to ensure that everyone has the right to die in dignity.”

Joan Bryden, The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The speculation and vacancy tax declaration must be filled out by the end of March. (Black Press Media files)
SVT declaration packages en route to homeowners in Langley

A penalty will apply to those, not exempted, who don’t pay by due date

oOties mini donuts served fresh treats at the grand opening of Lantern Park in Aldergrove last fall. (Special to the Aldergrove Star)
Free oOties mini donuts for Aldergrove residents on Valentines Day

Joti Steeves and the VIP team will bring in the food truck between 11 a.m. and 1 p.m. on Feb. 14

R.E. Mountain Secondary School parent volunteer Lorraine Baldwin and her daughter Jessica visiting the Thompson Rivers University campus in the fall. Jessica is a Grade 12 student at R.E. Mountain Secondary.
Online fundraiser aims to create memorable grad year for Langley students

R.E. Mountain Secondary School targets $10,000 goal for Grade 12 dry grad

The new facility in construction a few months ago. (Critter Care/Special to the Langley Advance Times)
Critter Care expands raccoon and skunk care centre

The Langley wildlife care centre takes in injured and orphaned animals

Crews with Discovery Channel film as an Aggressive Towing driver moves a Grumman S2F Tracker aircraft around a 90-degree turn from its compound and onto the road on Saturday, Jan. 23, 2021. It was the “most difficult” part of the move for the airplane, one organizer said. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Vintage military plane gets towed from Chilliwack to Greater Victoria

Grumman CP-121 Tracker’s eventual home the British Columbia Aviation Museum on Vancouver Island

The Independent Investigations Office of BC (IIO) is looking into the death of man discovered Jan. 11 in east Maple Ridge. (Black Press files)
B.C.’s police watchdog investigating man’s death in Maple Ridge

Man was found dead Jan. 11 after recent contact with police

Chilliwack Law Courts. (Black Press file)
Man sentenced to 20 months for sexual offences involving a minor in Mission

Will Laws Clark was 22 and victim was 13 at time offences began

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Provincial health officer Dr. Bonnie Henry talk about the next steps in B.C.’s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. Two more cases of the COVID-19 strain first identified in South Africa have been diagnosed in British Columbia, bringing the total to three as of Jan. 16.THE CANADIAN PRESS/Chad Hipolito
B.C. now has three cases of South African COVID-19 variant, six of U.K. strain

Both variants are thought to spread faster than earlier strains

Rodney and Ekaterina Baker in an undated photo from social media. The couple has been ticketed and charged under the Yukon’s <em>Civil Emergency Measures Act</em> for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
Great Canadian Gaming CEO resigns after being accused of sneaking into Yukon for vaccine

Rod Baker and Ekaterina Baker were charged with two CEMA violations each

Police discovered a makeshift nightclub in a Vancouver apartment on Jan. 23, 2021, and say it wasn’t the first time this month officers have been called to the unit over social gathering concerns. (Phil McLachlan - Capital News)
Doorman of makeshift ‘booze-can’ in Vancouver apartment fined; police look to court order

This marks the fourth complaint about social gatherings inside the apartment in January

A Kelowna couple welcomed their Nooner baby in December. (Flytographer)
Kelowna couple welcomes baby girl from Hotel Zed Nooner campaign

Nicole and Alex will now have 18 years of free stays at the hotel

Most Read