The Senate of Canada building and Senate Chamber are pictured in Ottawa on Monday, Feb. 18, 2019. Senators voted Tuesday to give the federal government 18 months to expand access to medical assistance in dying to people suffering solely from mental illnesses. THE CANADIAN PRESS/Sean Kilpatrick

The Senate of Canada building and Senate Chamber are pictured in Ottawa on Monday, Feb. 18, 2019. Senators voted Tuesday to give the federal government 18 months to expand access to medical assistance in dying to people suffering solely from mental illnesses. THE CANADIAN PRESS/Sean Kilpatrick

Senators amend assisted dying bill to put 18-month time limit on mental illness exclusion

Canadian Psychiatric Association has denounced the exclusion as discriminatory, stigmatizing

Senators have voted to give the federal government 18 months to expand access to medical assistance in dying to people suffering solely from mental illnesses.

They voted 57-21 Tuesday to amend Bill C-7, which proposes an explicit, blanket prohibition on assisted dying in cases involving only mental illness but would expand access to other intolerably suffering people who are not near the natural end of their lives.

The amendment puts an 18-month time limit on the mental illness exclusion, intended to give the federal government, along with provinces, territories and medical associations, time to come up with appropriate guidelines and safeguards.

Until the exclusion is lifted, senators also agreed to another amendment to clarify that it will not apply to people suffering from neurocognitive disorders such as Alzheimer’s disease, dementia, Parkinson’s disease and Huntington’s disease.

Justice Minister David Lametti has said it was not the government’s intention to exclude such disorders. The amendment to make that crystal clear was approved by senators on a voice vote.

The sunset clause on the mental illness exclusion was proposed by Sen. Stan Kutcher, a psychiatrist who now sits in the Independent Senators Group.

He argued that the exclusion is unconstitutional, violating the right to equal treatment under the law, regardless of physical and mental disability, as guaranteed in the Charter of Rights and Freedoms.

Moreover, Kutcher argued that it stigmatizes people with mental illnesses, suggesting that they don’t have the mental capacity to decide when their suffering has become intolerable and that their suffering is somehow less than that caused by physical illnesses.

“Intolerable suffering is a subjective, personal experience. It cannot be negated or delegitimized by anyone else’s valuation of that suffering,” Kutcher told the Senate.

“Persons who have intolerable suffering from a mental disorder do not have a second-class type of suffering. Their suffering must be taken just as seriously as we take the suffering of those who request MAID (medical assistance in dying) for any other medical condition.”

The Canadian Psychiatric Association has denounced the exclusion as discriminatory, stigmatizing and unconstitutional.

Six senators, including the government’s representative in the Senate, Sen. Marc Gold, and the bill’s sponsor, Sen. Chantal Petitclerc of the Independent Senators Group, abstained on Kutcher’s amendment.

Lametti has argued that the exclusion is necessary because there is no consensus among psychiatrists on whether people suffering solely from mental illnesses should ever be allowed access to assisted dying.

That’s because the trajectory of mental illnesses is often unpredictable, making it difficult to determine if a patient’s condition might improve, he has said. Moreover, Lametti has pointed out that a wish to die is often a symptom of a mental illness.

But Kutcher argued that the same complexities can apply in assessing patients with physical conditions. He noted that the bill would allow assisted dying for people suffering from a combination of mental and physical disorders.

READ MORE: Exclusion of mental illness in assisted dying-bill slammed by psychiatrists

An overwhelming majority of senators supported the amendment, with many saying they’d prefer to see the mental illness exclusion repealed altogether but accepted Kutcher’s sunset clause as a reasonable compromise.

However, Conservative Sen. Denise Batters argued strenuously against the amendment.

“The term sunset clause is just a euphemism for the sunsetting of vulnerable people’s lives,” she told the Senate.

“It sounds so innocuous, a sunset clause,” Batters added.

“But, honourable senators, don’t be fooled. This means that at least some Canadians will have their lives ended before they can access the treatments or options that could very well relieve their suffering and give them years to live.”

Senators rejected Monday a third proposed amendment aimed at forcing the creation of a parliamentary committee within three months to review access to assisted dying for people with neurodegenerative diseases.

Conservative Sen. Pierre-Hugues Boisvenu, who proposed the amendment, wanted the committee, which was to report back within one year, to look particularly at the issue of advanced directives for such people.

That amendment was defeated by a vote of 47-28, with six abstentions.

Senators are to resume debate Wednesday, with more amendments to be proposed.

Joan Bryden, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

assisted dying

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

Just Posted

df
Missionites protest logging of old-growth forests outside MLA Pam Alexis’ office

Protests in solidarity with logging blockaders on Vancouver Island; injunction heard in court today

Alan Pryor in 2015, during the Agassiz Fire Department’s 70th year. (Greg Laychak/The Observer)
Agassiz fireman celebrates 51 years at the hall

Al Pryor has been a key member in the Agassiz Fire Department since he was 16

Mike Bismeyer of Abbotsford is the recipient of the national Savita Shah Award for his work promoting kindness and anti-bullying initiatives.
Abbotsford man who was bullied as a teen receives national kindness award

Mike Bismeyer is one of two Canadians to earn Savita Shah Award

RCMP were on scene under the Menzies Street bridge in Chilliwack on Thursday, March 4, 2021 where a body was found. (Jenna Hauck/ Chilliwack Progress)
UPDATE: Body found under Menzies bridge in Chilliwack that of man in 20s

Death not considered suspicious, said Chilliwack RCMP

The public survey of the 76-acre area Parr Neighbourhood will help municipal staff make policy decisions on future development. District of Mission image.
The public survey of the 76-acre area Parr Neighbourhood will help municipal staff make policy decisions on future development. District of Mission image.
Parr locals want to keep neighbourhood green, avoid densification, survey says

Mission council presented with results of a public survey on future development of 76-acre area

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted
Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

RCMP members responded to calls of a man-down at Landsdowne mall in Richmond Wednesday afternoon. The 40-year-old was suffering from stab wounds. (Phil McLachlan/Capital News)
Man in critical condition following afternoon attack outside Richmond mall: RCMP

The Vancouver resident was found lying injured outside Richmond’s Lansdowne Centre

A Cowichan Valley mom is wondering why masks haven’t been mandated for elementary schools. (Metro Creative photo)
B.C. mom frustrated by lack of mask mandate for elementary students

“Do we want to wait until we end up like Fraser Health?”

(Pxhere)
B.C. research reveals how pandemic has changed attitudes towards sex, health services

CDC survey shows that 35 per cent of people were worried about being judged

A bus rider uses a support bar with an anti-microbial copper coating, newly implemented as part of a TransLink pilot program. (TransLink)
‘Self-disinfecting’ copper coming to more of TransLink’s fleet to fight against COVID-19

The transit authority says tests showed the surface was 99.9% effective in killing pathogens

Jobs Minister Ravi Kahlon speaks in the B.C. legislature, describing work underway to make a small business and tourism aid package less restrictive, Dec. 10, 2020. (Hansard TV)
B.C. extends deadline for tourism, small business COVID-19 grants

Business owners expect months more of lost revenues

Anti-pipeline protests continue in Greater Vancouver, with the latest happening Thursday, March 4 at a Trans Mountain construction site in Burnaby. (Facebook/Laurel Dykstra)
A dozen faith-based protestors blockade Burnaby Trans Mountain site in prayer

The group arrived early Thursday, planning to ‘block any further work’

Most Read